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Terms of service

Product Description

Nalbandian, attempts to be as accurate as possible. However, unintentional errors occur, and your sole remedy is to return it in unused condition within the period of our Refund Policy.

Disputes

Any dispute or claim relating in any way to your purchase of any Nalbandian products will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. here is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By buying any Nalbandian product, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these transactions. Conditions of Use and any dispute of any sort that might arise between you and Nalbandian.

Terms and Conditions

The following terms and conditions govern all use of the Nalbandian website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Nalbandian ("Nalbandian"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nalbandian Privacy Policy) and procedures that may be published from time to time on this Site by Nalbandian (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by Nalbandian, acceptance is expressly limited to these terms.

Your Nalbandian Account

You must immediately notify Nalbandian of any unauthorized uses of your account or any other breaches of security. Nalbandian will not be liable for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.

  1. Copyright Infringement and DMCA Policy.
    1. As Nalbandian asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Nalbandian violates your copyright, you are encouraged to notify Nalbandian. Nalbandian will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nalbandian will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nalbandian or others. In the case of such termination, Nalbandian will have no obligation to provide a refund of any amounts previously paid to Nalbandian.
  2. Intellectual Property.
    1. This Agreement does not transfer from Nalbandian to you any Nalbandian or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nalbandian, Nalbandian, the Nalbandian logo, and all other trademarks, service marks, graphics and logos used in connection with Nalbandian, or the Website are trademarks or registered trademarks of Nalbandian or Nalbandian licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nalbandian or third-party trademarks.
  3. Changes.
    1. Nalbandian reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nalbandian 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 be subject to the terms and conditions of this Agreement.
  4. Termination.
    1. Nalbandian may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Nalbandian account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a trade account, such account can only be terminated by Nalbandian if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Nalbandian notice to you thereof; provided that, Nalbandian can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  5. Disclaimer of Warranties.
    1. The Website is provided "as is". Nalbandian and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nalbandian nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  6. Limitation of Liability.
    1. In no event will Nalbandian, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nalbandian under this agreement during the twelve (12) month period prior to the cause of action. Nalbandian shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  7. General Representation and Warranty.
    1. You represent and warrant that (i) your use of the Website will be in strict accordance with the Nalbandian Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  8. Indemnification.
    1. You agree to indemnify and hold harmless Nalbandian, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.