Terms & Conditions
This website is operated by NoseRocket. Throughout the site, the terms "we", "us" and "our"
refer to NoseRocket. NoseRocket offers this website, including all information, tools
and services available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree
to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those
additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material on
this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor's display of
any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice,
at the sole discretion of us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibite
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase
and account information for all purchases made at our store.
You agree to promptly update your account and other
information, including your email address and credit card
numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools
"as is" and "as available" without any warranties,
representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and
resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability
or responsibility for any third-party materials or websites,
or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to
the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may,
at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way
affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted
by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website,
including without limitation, pricing information, except as
required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others
to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the
Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the
prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or
error-free.ated website for violating any of the prohibited
uses.
We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available'
for your use, without any representation, warranties or
conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim
related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall
be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless our parent,
subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish
to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any
prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us
(including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of US.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your
responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@elapept.com.