Last Updated: August 22, 2018
Welcome to NuBackInstitute.com. NuBack Institute Inc. and/or its affiliates and partners ("NuBack Institute") provide website features and other products and services to you when you visit or shop at NuBackInstitute.com, use NuBack Institute products or services, use NuBack Institute applications for mobile, or use software provided by NuBack Institute in connection with any of the foregoing (collectively, "NuBack Institute Services"). NuBack Institute provides the NuBack Institute Services subject to the following conditions.
By using NuBack Institute Services, you agree to these conditions. Please read them carefully.
We offer a wide range of NuBack Institute Services, and sometimes additional terms may apply. When you use a NuBack Institute Service (for example, Your Profile, Gift Cards, NuBack Institute Video, Your Media Library, NuBack Institute devices, or NuBack Institute applications) you also will be subject to the guidelines, terms, and agreements applicable to that NuBack Institute Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of NuBack Institute Services, to understand our practices.
When you use NuBack Institute Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other NuBack Institute Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any NuBack Institute Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of NuBack Institute or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any NuBack Institute Service is the exclusive property of NuBack Institute and protected by U.S. and international copyright laws.
graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NuBack Institute Service are trademarks or trade dress of NuBack Institute in the U.S. and other countries. NuBack Institute's trademarks and trade dress may not be used in connection with any product or service that is not NuBack Institute's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NuBack Institute. All other trademarks not owned by NuBack Institute that appear in any NuBack Institute Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NuBack Institute.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, NuBack Institute or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NuBack Institute Services. This license does not include any resale or commercial use of any NuBack Institute Service, or its contents; any collection and use of any services, events, product listings, descriptions, or prices; any derivative use of any NuBack Institute Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NuBack Institute or its licensors, suppliers, publishers, rightsholders, or other content providers. No NuBack Institute Service, nor any part of any NuBack Institute Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NuBack Institute. 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 NuBack Institute without express written consent. You may not use any meta tags or any other "hidden text" utilizing NuBack Institute's name or trademarks without the express written consent of NuBack Institute. You may not misuse the NuBack Institute Services. You may use the NuBack Institute Services only as permitted by law. The licenses granted by NuBack Institute terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own NuBack Institute account to use certain NuBack Institute Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. NuBack Institute does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the NuBack Institute Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their NuBack Institute Household. NuBack Institute reserves the right to refuse service, terminate accounts, terminate your rights to use NuBack Institute Services, remove or edit content, or cancel appointments, events, or orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content or communications; 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 (including publicity 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" or unsolicited commercial electronic messages. 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. NuBack Institute 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 NuBack Institute a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NuBack Institute and sublicensees 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 NuBack Institute for all claims resulting from content you supply. NuBack Institute has the right but not the obligation to monitor and edit or remove any activity or content. NuBack Institute takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
NuBack Institute respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from NuBack Institute are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
NuBack Institute does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, NuBack Institute does not take title to the refunded item.
PRODUCT AND SERVICE DESCRIPTIONS
NuBack Institute attempts to be as accurate as possible. However, NuBack Institute does not warrant that descriptions or other content of any NuBack Institute Service is accurate, complete, reliable, current, or error-free. If a product offered by NuBack Institute itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on NuBack Institute and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on NuBack Institute.
With respect to items sold by NuBack Institute, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by NuBack Institute is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally charge your credit card once an order is made.
When you use apps created by NuBack Institute, such as the NuBack Institute App or PneuMap App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any NuBack Institute Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using NuBack Institute Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including NuBack Institute Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NUBACK INSTITUTE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUBACK INSTITUTE SERVICES ARE PROVIDED BY NUBACK INSTITUTE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUBACK INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NUBACK INSTITUTE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUBACK INSTITUTE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NUBACK INSTITUTE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, NUBACK INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUBACK INSTITUTE DOES NOT WARRANT THAT THE NUBACK INSTITUTE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUBACK INSTITUTE SERVICES, NUBACK INSTITUTE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NUBACK INSTITUTE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NUBACK INSTITUTE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NUBACK INSTITUTE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NUBACK INSTITUTE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any NuBack Institute Service, or to any products or services sold or distributed by NuBack Institute or through NuBackInstitute.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There 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.
An arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, NuBack Institute will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
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.
By using any NuBack Institute Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NuBack Institute.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your use of NuBack Institute Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions 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.
NuBack Institute, Inc.
12473 E Nunn Rd Athol, ID 83801-9311
ADDITIONAL NUBACK INSTITUTE SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with NuBack Institute Services (the "NuBack Institute Software").
Use of the NuBack Institute Software. You may use NuBack Institute Software solely for purposes of enabling you to use the NuBack Institute Services as provided by NuBack Institute, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the NuBack Institute Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the NuBack Institute Software in whole or in part. All software used in any NuBack Institute Service is the property of NuBack Institute or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the NuBack Institute Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the NuBack Institute Software at any time and without notice to you.
Conflicts. In the event of any conflict between these Conditions of Use and any other NuBack Institute or third-party terms applicable to any portion of NuBack Institute Software, such as open-source license terms, such other terms will control as to that portion of the NuBack Institute Software and to the extent of the conflict.