Terms of Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Naugles.com or theneffect.com websites, and any other websites provided by Bill Naugle may be individually or collectively referred to henceforth as the “Site”.
- Copyright: The entire content included in this site, including but not limited to text, graphics and webpage data files is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Site. The collective work includes works that are licensed to the Site. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order or purchasing Naugles.com and Theneffect.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Naugles.com and Theneffect.com or to purchase Naugles.com and Theneffect.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless directly authorized by Bill Naugle. You further agree not to change or remove any proprietary notices from materials downloaded from the site.
- Trademarks: All trademarks, service marks, and trade names used in the site are trademarks or registered trademarks of Naugles.com and Theneffect.com unless otherwise stated.
- Warranty Disclaimer: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullestextent permissible pursuant to applicable law, Naugles.com and Theneffect.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Naugles.com and Theneffect.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of harmful components. Naugles.com and Theneffect.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may or may not apply to you.
- Limitation of Liability: Naugles.com and Theneffect.com shall not be liable for any special orconsequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors: Naugles.com and Theneffect.com makes no guarantee of the accuracy of the textual content of the Site, and therefore is not liable for any inconvenience or loss due to textual inaccuracy. In the event that a product in the Naugles.com and Theneffect.com Store is mistakenly listed at an incorrect price, Naugles.com and Theneffect.com reserves the right to refuse or cancelany orders placed for products listed at the incorrect price. Naugles.com and Theneffect.com also reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.If your credit card has already been charged for the purchase and your order is canceled, Naugles.com and Theneffect.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term, Termination: These terms and conditions are applicable to you upon your accessing the Site and/or completing registration, subscription, or shopping processes. These terms and conditions, or any part of them, may be terminated by Naugles.com and Theneffect.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
- Notice;Transactional Messages: Naugles.com and Theneffect.com may deliver notice and/or transaction-specific messages to you by means of e-mail, a general notice on the site, orby other reliable method to the address you have provided to.
Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, blog comments, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Naugles.com and Theneffect.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Participation Disclaimer: Naugles.com and Theneffect.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site,Naugles.com and Theneffect.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Naugles.com and Theneffect.com reserves the right to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property right of another or
(d) offensive or otherwise unacceptable to Naugles.com and Theneffect.com in its sole discretion.
- Indemnification: You agree to indemnify, defend, and hold harmless Naugles.com and Theneffect.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
- Registration; Customer Accounts; Use of Site: Certain services offered on or through the Site may require you to first open an Account on the Site. You are responsible for maintaining the confidentiality of your Account information, including your password, and responsible for all activity that occurs under your account. You agree to notify Naugles.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Naugles.com and Theneffect.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself as prompted by the registration process. You may update any of your Account information at any time by selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or significantly large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree Naugles.com and Theneffect.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation to:
(a) Attempts to gain unauthorised access to the Site or assistance toothers’ attempting to do so.
(b) Overcoming software security features limiting use of or protecting any Content.
(c) Discontinuance or material modification of the Site or any service offered on or through the Site.
(e) Failure to pay for purchases.
(f) Suspected or actual copyright infringement.
(g) Unexpected operational difficulties.
(h) Requests by law enforcement or other government agencies.
You agree that Naugles.com and Theneffect.com will not be liable to you or to any third party for termination of your access to the Site. In addition, Naugles.com and TheNeffect.com reserves the right to mediation or legal action for any attack against or malicious activity involving the Site.