These Terms apply to all services provided by Nirvana ("Services") where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by Nirvana ("Stores"). Services also include digital services provided through the Internet website located at (the "Website" or "Site"), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by Nirvana or its partners (collectively, "Digital Services").
By using Nirvana Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company's Services, including its Website.
This Agreement is published on the Company's Website at .
No Use of the Services by Persons Under 18Permitted
Our Services are intended for a mature audience. The Company intends only persons who are 18 years or older to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 18 years old and that you are legally able to enter into this Agreement.
By using Company's Services, including the Website, you agree to be bound by the Company's Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at , and then click on the Legal Disclaimers hyperlink.
You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website, or by visiting a Company retail store. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar "social networking" services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile.
When you sign up to become a Member, you must complete the registration process by providing complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.
Nirvana shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
By providing your email address to Nirvana via the Internet or in person, you are consenting to receive marketing communications from Nirvana until you opt out. You can opt out of marketing communications at any time.
Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Note that if you provide your email address to Nirvana, you consent to receive service messages ("Service Messages") from Nirvana, which includes notices about Nirvana’s communications, your inquiries to Nirvana, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since Nirvana may be legally required to inform you of important facts.
Mobile Device Use
By providing your email address or phone number to Nirvana via the Internet or in person, you are consenting to receive marketing communications from Nirvana on your phone or other mobile device via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.
In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election.
The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.
You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from Company to your mobile device.
Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Product Purchases, Billing, and Payment
You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.
When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.).
All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.
All prices specified in descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.
You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
At its sole discretion, Nirvana may offer you rewards points when you purchase Nirvana products. Rewards points can only be applied toward purchases, and cannot be redeemed for cash. If you delete your Nirvana customer profile, any points you have accrued will become inaccessible and unredeemable.
Exchanges and Refunds
For a limited time determined by us, we may offer exchanges for some Products you purchase from us, provided they remain in their original and perfectly saleable condition. See the Nirvana Exchange and Refunds Policy on the Nirvana website, or call your nearest store for current exchange details. Note that all sale items are final and cannot be exchanged. No refunds are permitted on sale items, nor on items that cannot be resold in perfect, unused conditions.
If you send or post information (“User Content”) to Nirvana or its Services, including photos, messages, or commentary, you grant Nirvana a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.
Compliance with Intellectual Property Laws
When accessing the Website or using other Nirvana Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information
reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to use any automated systems, including, without limitation, "robots," "spiders," "web crawlers," "screen scrapers," "page scrapers," "offline readers," "bot" or "Denial of Service" (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.
You will not attempt to gain unauthorized access to any portion or feature of Company's Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate means.
Accessing, collecting, and/or harvesting Members' information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, is prohibited.
You agree not to frame the Nirvana Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company's Digital Services en route to a visitor's browser.
You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.
You agree not to impersonate Company employees in any electronic message sent to Company or its Members.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
The Company hereby disclaims all warranties. Nirvana’s Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.
This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.
The Company has no control over, and no liability for, any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company's Information Security
department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of the Services, including the Website, are Copyright 2017-2019, All rights reserved.
All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.
Governing Law and Arbitration
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the Website signifies your explicit consent to this waiver.
If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
Nothing contained on the Nirvana Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.'
Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
Availability and Use Outside of the United States
The Services are controlled, offered and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.