TERMS AND CONDITIONS OF USE
Thank you for visiting Nano Media’s online and mobile resources and for viewing these terms and conditions of use. We use these terms and conditions of use to tell you about the rights and obligations both you and Nano Media have when you visit and use the features of our online and mobile resources.
Among your other obligations, you are required to make sure you don’t use the online and mobile resources, Content, and the various features and functions offered on or through the online and mobile resources for, or in connection with:
We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Although we do not actively block or monitor visitors from other countries, the online and mobile resources are directed only at visitors from the U.S. who are age 18 or older. As such, your use of the online and mobile resources and Content, and the enforcement of these ToU, are governed and construed exclusively in accordance with the laws of the State of Wyoming and the federal laws of the U.S. enforced within that state, without regard to principles of conflicts of laws.
No matter where you use the online and mobile resources or Content from, you also must comply with all laws applicable to such use, including U.S. export control laws that prohibit access from certain embargoed, prohibited, or restricted countries or access by prohibited, denied, and specially designated persons.
If the U.S. government (including the Department of Defense) wants to access the online or mobile resources, your Account (defined in Section 7 below), or our Content through you, all online and mobile resources and Content will be considered “commercial computer software”, “commercial computer software documentation” and “restricted data” under “Limited Rights” and “Restricted Rights” and only as commercial end items under the same rights granted to other general users.
Content may have a variety of origins, including information generated and provided by us and third parties. We cannot promise that the Content is or will be:
You may make use of the Content under the rights described in Section 4, but under no circumstances will we be liable for any loss or damage caused by such use and/or your reliance on the Content. It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.
Some features of the online and mobile resources require that you register and create an account (an “Account”). If you choose to create an Account, for any reason, you agree to submit complete, accurate, and current information and data about you as required during the registration process and maintain and promptly update it as necessary. If you submit any information that is inaccurate or incomplete, or if Nano Media has a reasonable belief that such is the case, we may immediately suspend or terminate the Account and your use of our online and mobile resources and/or the Content. As part of the registration process, you may be issued credentials, usually in the form of a unique user identification and password (the “Account Credentials”). Your commitment to maintaining the strict confidentiality of your Account Credentials is a material condition of your access and use of the applicable online and mobile resources and Content. You must not allow others to use your Account Credentials and you agree to notify us immediately if you have reason to believe that someone is using your Account Credentials without your permission or if any other breach of security related to your Account occurs. You must also ensure that you log-off and exit from your Account at the end of each session. It is your responsibility to notify us if you desire to cancel your Account. Except to the extent required by law, Nano Media will not be liable for any losses arising out of the unauthorized use of your Account Credentials, either with or without your knowledge.
Payments and Refunds.
We reserve the right to charge for access to the online and mobile resources, including any products and services offered thereon. All transmissions of payment information between you and the online and mobile resources are secured with Internet-standard TLS (also known as HTTPS) encryption. Your charge will show up on your credit card statement as "GetNanoSocks". We collect your name, address, and payment information to process your order as described in our Privacy Statement.
If you are not fully satisfied with the products and services purchased by you on the online and mobile resources, you may cancel your order at any time by calling customer service at 1-888-205-9526 or emailing [email protected]. All refund requests must be within 30 days of the date your credit or debit card was charged. We cannot refund return shipping costs if any exist, and you agree to be responsible for the same. Please be aware that it can take up to 10 business days for a refund to be credited back to your payment card.
From time to time, we may offer membership or subscription plans, i.e., a subscription plan that enables you to access a membership portion of the online and mobile resources for amounts charged at periodic intervals, according to the terms of the subscription plan selected by you at the time of purchase (a “Subscription Plan”).
If you chose to enroll in a Subscription Plan, you understand and agree that, in addition to your first purchase, your credit or debit card on file will be charged for additional membership periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, Subscription Plans renew automatically unless cancelled in advance of the next payment period by you. Please closely read and review the payment terms and disclosures provided during the order process for your Subscription Plan. The current rate for our membership site services are $9.99 every 30 days. You will be charged separately for your Subscription Plan.
To change or cancel a Subscription Plan, call us at 1-888-205-9526. Changes and cancellations must be made at least 3 days before your credit or debit card is charged for the next payment period.
It may be necessary for us to change the fees and charges in effect, including for any Subscription Plan and Nano Media reserves the right, in its sole discretion, to lower Subscription Plan fees or switch your Subscription Plan to a lower package rate so long as it has the same features and service level. Nano Media will not increase rates for your Subscription Plan without your prior approval.
This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our online and mobile resources (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”).
All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Inquire Here” link or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Statement. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records.
Links from our online and mobile resources.
You may see on the online and mobile resources hyperlinks or pointers to other websites maintained by third parties and we also may provide third party content on the online and mobile resources by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize, or sponsor that website or offering or that we are affiliated with the third party owners or sponsors. Except for the links to our brands and products within the online and mobile resources, neither the websites nor parties to which a Link will bring you to are under our control and as such we are not responsible in any way for their availability, content, advertising, products, or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Statement. You should, therefore, carefully review the privacy statements and other terms and conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.
Links to our online and mobile resources.
In general, we do not object to links to our online and mobile resources from third-party sites including social media. If you link to our online and mobile resources, we: (a) reserve the right to object to and delete (or require deletion of) such link at any time, for any reason; and (b) require that you abide by the following rules:
Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation, or goodwill of Nano Media and its products or services are prohibited. In addition, the use of Trademarks or other words or codes identifying Nano Media or its products or services in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.
THE ONLINE AND MOBILE RESOURCES, THEIR CONTENT, THE ACCOUNTS, AND ANY OTHER INFORMATION, FEATURES, AND FUNCTIONS OR SERVICES ON THEM ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANO MEDIA, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “NANO MEDIA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE ONLINE AND MOBILE RESOURCES, CONTENT, AND YOUR ACCOUNT. YOU AGREE THAT YOUR USE OF THE ONLINE AND MOBILE RESOURCES IS AT YOUR SOLE RISK.
THE NANO MEDIA PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE ONLINE AND MOBILE RESOURCES, THEIR CONTENT, FEATURES AND FUNCTIONS, AND ANY ACCOUNTS OR SERVICES THAT YOU ACCESS THROUGH THEM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NANO MEDIA PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
As such, both you and Nano Media specifically agree that:
The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to Nano Media should be sent to Nano Media Inc., P. O. Box 3540, Silver Springs, NV 89429, Attention: Legal Department and to [email protected]. We will provide notice to your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought.
Regardless of such notice, no arbitration may be commenced if barred by the statute of limitations applicable to the Dispute. The arbitrators shall have no power to award punitive damages or any other damages not measured by the prevailing party’s actual damages or damages in excess of the limitations set forth in Section 14. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrators shall not have the power award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by the parties and deciding the matter in accordance with the governing law agreed to by the parties. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either party prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.
Unless you and Nano Media agree otherwise, the arbitration will occur in U.S. English and take place in Cheyenne, Wyoming. Payment of any fees will be decided by the applicable AAA rules.
Class Action Waiver.
YOU AND NANO MEDIA AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, THE “CLASS ACTION WAIVER”). Further, unless both you and Nano Media agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Wyoming on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Required Pre-Dispute Procedures.
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with Nano Media by U.S. Mail to: Nano Media, Attn: Legal Department, P. O. Box 3540, Silver Springs, NV 89429. Nano Media will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Nano Media or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions set forth in this section.
You and Nano Media agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
We may provide notices to you via the email address provided in your Account. We will provide copies of notices of breach via reputable overnight courier. Notices to Nano Media will be provided via reputable overnight courier to the address specified below with “ATTENTION: [your name] Account” in the address. All such notices by either party shall be deemed given three (3) business days after being sent.
If you have questions please contact us at Nano Media Inc., P. O. Box 3540, Silver Springs, NV 89429, by phone at 1-888-205-9526 or by email at [email protected].