Terms & Conditions
TERMS & CONDITIONS
Nomad Spice Co., LLC and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these terms of use. Please read them carefully.
By browsing, accessing or using this Site, you acknowledge that you have read, understood and accept, without restriction or modification these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use this Site. Nomad Spice Co., LLC reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will be considered an acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Privacy Policy, which are incorporated herein.
PRIVACY
Nomad Spice Co., LLC knows that you care how information about you is used and shared, and we appreciate your trust and want you to feel confident in our services and security as it relates to your personal information. This notice describes our privacy policy. By visiting Nomad Spice Co.com, you are accepting the practices described in this privacy policy and the following Conditions of Use:
CONDITIONS OF USE, NOTICE AND REVISIONS
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT RESTRICTION OR MODIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY SEGMENT OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NOMAD SPICE CO. RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We grant you a personal, limited, non-transferable, non-exclusive, license to access and use the Site. We reserve the right, in our sole volition and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for exercising this right. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
If you choose to visit Nomad Spice Co., LLC, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of our local state. If you have any concern about privacy of your personal information as used and collected within our website, please send us a thorough description by clicking on the “Contact Us” link on the side menu, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
DATA COLLECTION
What information do you gather?
The information we learn from customers helps us personalize and continually improve your shopping experience at Nomad Spice Co., LLC. Here are the types of information we gather:
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, fulfilling orders, customizing future shopping for you, improving our store features, and communication with you. You provide most such information when you search, buy, order, post reviews, or other methods of communication via our website or email to Nomad Spice Co., LLC. As a result of those actions, you might supply us with such information as your name, address, and phone numbers, and credit card information, either by phone or during checkout.
Automatic Information: We receive and store certain types of information whenever you interact with our website. For example, like many web sites, we sometimes use “cookies,” and to obtain certain types of information to enhance your shopping experience when your Web browser accesses our website. Cookies are alphanumeric identifier text files that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as storage of items in your Shopping Cart between visits.
E-mail Communications: To help us make e-mails more productive to improve service and your shopping experience, we sometimes send you newsletters of our services and products, notifications of changes to our policies, and order confirmations. If you do not want to receive e-mail from us, other than order notifications and receipts, please adjust your “Subscription” preferences by logging into your account.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ELECTRONIC COMMUNICATIONS
When you visit Nomad Spice Co., LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To help us make e-mails more productive to improve service and your shopping experience, we sometimes send you newsletters of our services and products, notifications of changes to our policies, and order confirmations. If you do not want to receive e-mail from us, other than order notifications and receipts, please adjust your “Subscription” preferences by logging into your account.
COPYRIGHT
All content included on this site, such as text, graphics, logos, trademarks, button icons, images, videos, digital downloads, data compilations and other elements available on the Site is the property of Nomad Spice Co., LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Nomad Spice Co., LLC, with copyright authorship for this collection by Nomad Spice Co., LLC, and protected by U.S. and international copyright laws.
TRADEMARKS
Nomad Spice Co., LLC’s trademarks or logos may not be used in connection with any product or service that is not Nomad Spice Co., LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nomad Spice Co., LLC. All other trademarks not owned by Nomad Spice Co., LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nomad Spice Co., LLC or its subsidiaries.
LICENSE AND SITE ACCESS
You may use our site for your own non-commercial personal use in accordance with our Terms. Nomad Spice Co., LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nomad Spice Co., LLC. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant or any use of spiders, data mining, robots, automated devices or programs to catalog download or otherwise reproduce, store or distribute content on the site, or use similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nomad Spice Co., LLC. You may not take any action to interfere with, or disrupt the site or other user’s use of the site including but not limited to overloading the site. 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 Nomad Spice Co., LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nomad Spice Co., LLC’s name or trademarks without the express written consent of Nomad Spice Co., LLC. Any unauthorized use terminates the permission or license granted by Nomad Spice Co., LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nomad Spice Co., LLC so long as the link does not portray Nomad Spice Co., LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nomad Spice Co., LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Nomad Spice Co., LLC reserves complete title and full intellectual property rights in any content you download form this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content.
MEMBERSHIP ACCOUNT
In order to access certain services on the Site, you will be required to provide specific information. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. All information provided by the user must be truthful and you may not use any aliases or other means to mask your identity. If you are under 18, you may use our website only with involvement of a parent or guardian. Nomad Spice Co., LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
To understand how we use collected information, please read our Privacy Policy.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nomad Spice Co., LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nomad Spice Co., LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nomad Spice Co., LLC and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Nomad Spice Co., LLC or its associates for all claims resulting from content you supply. Nomad Spice Co., LLC has the right but not the obligation to monitor and edit or remove any activity or content. Nomad Spice Co., LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Nomad Spice Co. reserves the right to accept or refuse any content submitted for publication on the Nomad Spice Co. website.
PRODUCT INFORMATION; LIMITATION ON QUANTITIES
We endeavor to ensure that the information on the Site is complete and reliable. Certain information may contain errors, including but not limited to pricing, typographical, informational or other inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
PRODUCT DESCRIPTIONS
Nomad Spice Co., LLC and its associates attempt to be as accurate as possible. However, Nomad Spice Co., LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Nomad Spice Co., LLC itself is not as described, your sole remedy is to return it in unused condition.
RISK OF LOSS
All items purchased from Nomad Spice Co., LLC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
COPYRIGHT INFRINGEMENT; Notice and Take-Down Procedures
The posting of any content that infringes or contravenes the copyright rights and/or any other intellectual property rights is specifically prohibited. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, then you should notify us of your copyright infringement claim in accordance with the following procedure. Nomad Spice Co. will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Nomad Spice Co., 4 Forsgate Terrace, Annandale, NJ 08801
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
SEVERABILITY
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be modified and explicated in order to best accomplish the objectives of such unenforceable or invalid provision in accord with applicable law or applicable court decisions.
WAIVER; REMEDIES
The failure of Nomad Spice Co. to partially or fully exercise any rights or the waiver of Nomad Spice Co. of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Nomad Spice Co. or be deemed a waiver by Nomad Spice Co. of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies between you and Nomad Spice Co. shall be cumulative under these Terms and any other applicable agreement, and the exercise of any such right or remedy shall not limit Nomad Spice Co.’s right to exercise any other right or remedy.
GOVERNING LAW
The laws of the State of New Jersey shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN HUNTERDON COUNTY, NEW JERSEY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
SUBMITTED CONTENT
By submitting or posting any materials or content on the Site, you grant Nomad Spice Co. a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Nomad Spice Co. the license specified above. You further represent, warrant and covenant that any materials you provide will not contain, insulting or obscene material. Nomad Spice Co. will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation.
INDEMNIFICATION
By using this Site, you assume all risk and responsibility regarding your use. You also agree to indemnify, hold harmless, and defend Nomad Spice Co., its parent, subsidiaries, divisions, affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorney’s fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NOMAD SPICE CO., LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOMAD SPICE CO., LLC MAKES 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. IN NO EVENT SHALL NOMAD SPICE CO., AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, , SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, NON-MONETARY, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS (ACTUAL OR FUTURE PROFITS), LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF NOMAD SPICE CO. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOMAD SPICE CO., LLC MAKES 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, NOMAD SPICE CO., LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOMAD SPICE CO., LLC DOES NOT WARRANT THAT THIS SITE, IT’S SERVERS, OR E-MAIL SENT FROM NOMAD SPICE CO., LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOMAD SPICE CO., LLC 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 MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Nomad Spice Co., LLC, you agree that the laws of the state of New Jersey, 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 Nomad Spice Co., LLC or its associates.
DISPUTES
Any dispute relating in any way to your visit to Nomad Spice Co., LLC or to products you purchase through Nomad Spice Co., LLC shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate Nomad Spice Co., LLC’s intellectual property rights, Nomad Spice Co., LLC may seek injunction or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Nomad Spice Co., LLC. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS?
Questions regarding our Terms of Usage, Privacy Policy, or other policy related material can be directed to us by clicking on the “Contact” link in the footer of this page. Or you can email us directly at: info@nomadspiceco.com.
