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nvUltra Website Terms of Use

Legal Information & Notices

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the nvUltra web site located at nvultra.com, and all associated sites linked to nvultra.com by Brett Terpstra and Fletcher Penney, their subsidiaries and affiliates, including nvUltra sites around the world (collectively, the “Site”). The Site is the property of Brett Terpstra (“Brett Terpstra”) and Fletcher Penney (“Fletcher Penney”), collectively “The Owners,” and thier licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Owners reserve the right, at their sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Owners grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All content and software on this web site is the property of The Owners, or their content suppliers, and is protected by United States and international copyright laws.

Trademarks

nvUltra, BrettTerpstra.com, the nvUltra and BrettTerpstra.com logos, and other marks as indicated on the site are registered trademarks or trademarks of The Owners in the United States and other countries. nvUltra’s trademarks and trade dress may not be used, in connection with any product or service that is not The Owner’s or otherwise, in any manner that is likely to cause confusion or deception among customers, or in any manner that disparages or discredits The Owners or nvUltra. All other trademarks not owned by The Owners or their affiliates and subsidiaries that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by nvUltra.

License and Site Access

The Owners grant you a limited license to access and view his websites for personal use, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of The Owners. This license does not include any other rights, including but not limited to the right to any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This web site or any portion of this web site and the content thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Owners. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the web site without the express written consent of The Owners. You may not use any meta tags or any other “hidden text” utilizing nvUltra’s name or trademarks without the express written consent of The Owners. Any unauthorized use of the web site terminates the permission or license granted to you by The Owners. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of nvultra.com so long as the link does not portray nvUltra, The Owners, or their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any nvUltra logo or other proprietary graphic or trademark as part of the link without the express written permission of The Owners.

Privacy

nvUltra’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view nvUltra’s Privacy Policy, visit nvultra.com/privacy.

Discussion Forums

nvUltra’s Forums Terms of Use Agreement applies to the discussion forums located at support.markedapp.com, and its terms are made a part of these Terms of Use by this reference.

View the privacy policy and Terms of Service.

Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all orders placed through this website. Paddle provides all customer service inquiries and handles returns.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY BRETT TERPSTRA AND FLETCHER PENNEY (THE OWNERS) ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNERS DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE OWNERS ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE OR COMPONENTS. THE OWNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you and you may have additional rights under the laws of such states.

Applicable Law

By visiting the Site, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Owners or their affiliates.

Questions

If you have questions or concerns regarding this Terms of Use please contact us.