Using Our Website (“The Rules”)
A. Acceptable Use of Our Website. Please use our website for your personal and non-commercial use only. With that being said, in the event that we have provided you with any additional terms, licenses, agreements, or documentation, whether or not we mention them in these Terms, you must use our website in alignment with these Terms as well as the supplementary materials that we have provided to you.
As we mentioned above, these Terms create a legal agreement between you and Norbella, so, you may only use this website if you are over eighteen (18) years of age. Additionally, if you are using our website on behalf of any company or business entity, you must be authorized to accept these Terms on your entity’s behalf.
We reserve all rights and licenses in and to our website and the content provided on and through our website not expressly granted to you in these Terms.
B. Unacceptable Use of Our Website. Except to the extent permitted by law, you cannot perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using our website: (1) use or display our content, name, or any of our trademarks or logos without our express written consent; (2) access, tamper with, or test any non-public areas of our website or our computer systems; (3) circumvent any technological measure implemented by to protect our website; (4) use our website in any way that may damage or impair its availability or accessibility, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity.
D. Necessary Equipment. You may not be able to take full advantage of our website if you are not using a computer with adequate software or a supported mobile device and internet access. The maintenance and security of the website may influence the performance of the website. It is your responsibility to ensure your device’s functionality.
We love interacting with visitors to our website. One of the ways that we do this is by posting content to our website and our blog. Our team puts a lot of time and effort into creating valuable and interesting content. For the purpose of these Terms, we will call this content “Norbella Content.” Norbella Content includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to you by way of our website. Norbella Content does not include any content that is owned by a third party for which Norbella has obtained the rights to share on the website. Norbella Content, our website and any underlying code and technology are owned or licensed by Norbella and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. In order to protect these rights, we ask that you do not use, copy, remove, change or obscure any Norbella Content, copyright, trademark, service mark or other proprietary rights notices included in any content (Norbella or otherwise) or posted on our website. All such rights and ownership are expressly reserved by Norbella.
Although we would be flattered if you would like to use or reference Norbella Content, trademarks, logos, or other intellectual property, we ask that you please reach out to us via the email address posted in the “Contact Us” section below to obtain our express written permission first. We will respond to your request as quickly as possible. In this same light, it goes without saying that reference by us to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by us.
We do not grant you any licenses or rights by implication or otherwise under any intellectual property rights owned or controlled by Norbella or its licensors, except for the licenses and rights expressly granted in these Terms.
We trust that you will comply with these Terms, but we’d like to outline our enforcement rights just in case.
Other than set forth herein, we are not obligated to monitor access or use of our website or Norbella Content, but we have the right to do so to facilitate the operation of our website, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and pursuant to valid legal process, we may cooperate with law enforcement to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the website or any Norbella Content at any time and without notice, and at our sole discretion, if we determine that your use of our website or any Norbella Content is objectionable or in violation of these Terms or applicable law. We have the right to investigate violations of these Terms and any conduct that affects our website.
Third Party Links and Websites
Our website may contain links to third party websites and resources (collectively “Third Party Websites”) that are not under our control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Websites. As such, you acknowledge sole responsibility and assume all risk arising from your use of any Third Party Websites.
Breaches of These Terms
It is unlikely that you will breach these Terms, but we need to explain what will happen in the rare occasion that you do.
Without prejudice to any of our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our website, prohibiting you from accessing our website, blocking computers or mobile devices using your internet protocol (“IP”) address from accessing our website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Other Legal Things You Should Know…
A. Disclaimer of Warranties. Our website is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. We make no representations or warranties about the accuracy of the content on our website. We further disclaim any warranty that (1) our website will meet your requirements or will be constantly available, uninterrupted, timely, secure or error-free; (2) the results that may be obtained from the use of our website will be effective, accurate, or reliable; (3) the quality of our website will meet your expectations; or (4) any errors or defects in our website will be corrected.
We specifically disclaim any liability for any actions resulting from your use of our website. You may use and access our website at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of our website.
B. Indemnity. You agree to indemnify Norbella, including our affiliates, officers, agents, employees, partners, and licensors, and undertake to keep us indemnified, against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of our website or any breach by you of any provision of these Terms.
C. LIMITATION OF LIABILITY. IN NO EVENT WILL NORBELLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, TO YOU OR ANY PERSON FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT NORBELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NORBELLA AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NORBELLA’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID BY YOU TO NORBELLA FOR ACCESSING THE WEBSITE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
D. Assignment. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without our express prior written consent. Any attempt to do so, without our written consent, will be null and of no effect. We may freely assign these Terms.
E. Force Majeure. We will not be responsible for any failure or delay in our performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
F. Entire Agreement. These Terms constitute the complete and exclusive agreement between Norbella and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party. If any provision(s) of these Terms is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
G. Compliance With Laws. The website and the Norbella Content, and your use of our website and the Norbella Content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the website and the Norbella Content. You agree to comply with all applicable laws, restrictions and regulations.
H. Notices. All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (1) upon actual delivery, if made by personal service; (2) three (3) days after mailing, if made by U.S. certified or registered mail; and (3) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
We hope that this never happens, but, in the event that a dispute were to arise between us related to these Terms (a “Dispute”), you agree that the Dispute will be governed by the following terms.
A. Governing Law. These Terms and the resolution of Dispute will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.
B. No Class Actions. You may only resolve Disputes with Norbella on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our Terms.
C. Waiver and Severability. No waiver by Norbella of any provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other term or condition, and any failure of Norbella to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
D. Judicial Forum for Claims. We would like to resolve any complaints or dissatisfaction before it ever reaches the point of litigation. In the event that you are dissatisfied with our website, please contact us using the information contained in the “Contact Us” section below. In the event that we are unable to satisfactorily resolve your claim, you and Norbella agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Suffolk County, Massachusetts. Both you and Norbella consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
E. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the website must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
F. Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the website or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Changes and Modifications
If you have any additional questions about these Terms, please write to us at email@example.com or the following address:
46 Plympton Street, 5th Floor
Boston, MA 02118
Effective: Launch site date May 2018