TERMS AND CONDITIONS

Terms and Conditions of Use

Effective Date: May 1, 2021

Welcome to NEBBIA. We are passionate about creating innovative products and services to empower people everywhere, and we are thrilled to have you on our team. These Terms and Conditions of Use (sometimes referred to as the “Terms”) are the rules of the game – designed to create a positive, law-abiding community of our users. By using NEBBIA’s products and services, you are agreeing to all the Terms below. The Terms and Conditions of Use are subject to change or modifications by NEBBIA at any time at our sole discretion. We will notify you of such changes by posting an updated version.

NEBBIA USA, LLC. as well as its affiliates and subsidiaries (referred to throughout as “NEBBIA,” “we” or “us”), offer a variety of products and services, including the NEBBIA-branded fitness and wellness related websites and content; our e-commerce websites (“NEBBIA Shopping”); and all other current and future digital products and service offerings we make available, including any products services, and content provided in collaboration with our partners (collectively, the “Services”).

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 13. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH NEBBIA AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

Please note that by accessing or using our Services, your Personal Data (as that term is defined in the Privacy Policy and User-Generated Content (defined below) that you share with one part of the Service may also be shared among the entirety of NEBBIA and its Services.

Please note the summaries in shaded boxes at the top of most sections are provided to make the Terms easier to understand. In the event of a conflict between any summary and any section of the Terms, the section of the Terms will control.

Please feel free to contact us through our Support Team if you have any questions or suggestions.

1. Use of the Services and Your Account

1.1 Who can use the NEBBIA Services

NEBBIA welcomes users of all ages, but you must be at least 13 to use most of the Services, and at least 18 to use NEBBIA Shopping.

You must be at least 18 to use NEBBIA Shopping (unless otherwise specified in the International Terms section applicable to specific jurisdictions). If you are between the ages of 13-18, you may use our other Services (excluding NEBBIA Shopping) only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to NEBBIA, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

1.2 Your Account

You may need to create an NEBBIA account to access the Services, and it’s important that the information associated with your account is accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

You may need to register for an NEBBIA account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

1.3 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate until a fix is deployed. You acknowledge and agree that the Services may not work properly. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

1.4 Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for NEBBIA, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.5 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

2.1 Definitions

Content is what shows up on your display when you use our Services. User-Generated Content is any Content that is created by you or other users, and NEBBIA Content is all other Content.

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “NEBBIA Content” means all Content that is not User-Generated Content.

2.2 Ownership

You own the Content that you create, and we own the Content that we create.

All NEBBIA Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to NEBBIA and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to NEBBIA as explained in Section 2.5 below. NEBBIA and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all NEBBIA Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any NEBBIA Content, including any content owned or controlled by any of our partners or other third parties. You agree not to sell, license, rent, transmit, perform, adapt, edit, duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by NEBBIA.

2.3 Our License to You

You are welcome to access and use the NEBBIA Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the NEBBIA Content and Services as intended. This includes not using any NEBBIA Content or Services for commercial purposes without our permission. We do have APIs and other tools you can use to help create your own apps and products. Contact us to find out more.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and NEBBIA Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) sell, license, rent, transmit, perform, adapt, edit, duplicate, publish, display, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the NEBBIA Content or Services.

2.4 Acceptable Usage Guidelines

2.4.1 NEBBIA Content. Except as expressly permitted by applicable law or authorized by NEBBIA, you agree not to license, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any NEBBIA Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save NEBBIA Content, except (i) as expressly permitted by the functionality of certain Services (e.g., printed maps) as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.
2.4.2 Commercial Usage of the Services. The Services, with the exception of certain products and services provided though the NEBBIA-branded websites and certain widgets we make available as tools for website owners (collectively, the “Commercial Tools”), are intended only for your personal, non-commercial use. You shall not use the Services (other than certain Commercial Tools) to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue. For example, you shall not take the results from a search of the Services and reformat and display them, or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to make commercial use of the Services other than through the Commercial Tools, you must enter into an agreement with us to do so in advance. To learn more about the Commercial Tools, please contact us. By using any of the Commercial Tools, you acknowledge and agree to the Terms and any additional terms and conditions applicable to those select Services.
2.4.3 Linking to the Services. If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “NEBBIA” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by NEBBIA) or in some other format directed by NEBBIA, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NEBBIA, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) NEBBIA reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.

2.5 Your License to Us

When you post Content in connection with the Services, it belongs to you – however, you’re giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Don’t post any Content that is not yours or that you do not have permission to post.

When you provide User-Generated Content to NEBBIA through the Services, you grant NEBBIA and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) NEBBIA has no obligation to provide you with any credit when using your User-Generated Content, but if NEBBIA chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and © you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing NEBBIA to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services. For information on managing your privacy settings for the Services, see the Privacy Policy.

We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant NEBBIA the foregoing license for all User-Generated Content you submit in connection with the Services and except where prohibited by law, you will indemnify and hold us harmless for any breach of this representation and warranty.

2.6 Spreading the Word

If you share someone else’s personal information with us, you must first get their permission.

We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, subject to your complying with the Terms, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and except where prohibited by law, you will indemnify and hold us harmless for any breach of this representation and warranty.

2.7 Content Retention

Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, NEBBIA and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.

2.8 User-Generated Content and Eligibility to Participate in Certain Sports Organizations

Things that happen online may have consequences in the real world.

Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User-Generated Content within the Services, even if you believe it is noncommercial in nature. It is your responsibility to determine whether posting such content within the Services will affect your eligibility to participate in any sport under any applicable rules of any sports organization.

2.9 Your Feedback

We appreciate your feedback and can freely use your suggestions to make NEBBIA and users around the world better. Thank you and keep the ideas coming!

If you choose to submit comments, ideas or feedback, you should submit the idea through our Idea Submission website, and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, NEBBIA does not waive any rights to use similar or related feedback previously known to NEBBIA, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.

3. Community Guidelines

3.1 Interactive Areas

Our Services often contain community features. When you post content through these features that content may become public. We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users. Please use good judgment and play fair.

Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.

We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. NEBBIA is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release NEBBIA from all responsibility and liability arising out of or in connection with such dispute.

3.2 Community Guidelines

Our Services are intended to be a safe and supportive environment to help you reach your fitness and wellness goals. You cannot use our services to post inappropriate material, harass people, send spam, violate intellectual property rights, or act inappropriately. Be reasonable and act responsibly.

Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.

No Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post, or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:
- Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements or MLM.
- Profiles, groups, messages, posts, or comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to ana/mia, purging, or self-starving.
- Photos intended to glamorize extreme thinness.
No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).
No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources
No Sending Spam and Junk Mail.
No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).
No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.
No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty owed to a third party.
No Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.
No Impersonating NEBBIA or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with NEBBIA. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.
No Automated Querying. Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.
Other. Don’t post Content that contains anything that, in NEBBIA’s sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose NEBBIA or our users to any harm or liability of any kind. Don’t post content that may damage or dilute the goodwill associated with NEBBIA or our marks.

If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.

3.3 Reporting Objectionable User-Generated Content

People do post inappropriate content on user-generated content sites. We do our best to keep the community safe and secure (users respecting the Community Guidelines helps), but you still might run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to the Support Team. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.

4. Intellectual Property/ DMCA

We respect intellectual property laws. If anything is wrong, please contact us.

If you believe User-Generated Content or NEBBIA Content infringes copyright or trademark under U.S. or other national law, please notify our us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:

Identification of the material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:

HEADQUARTERS

NEBBIA USA LLC

3500 S DUPONT HIGHWAY

DOVER, DE 199 01

helpdesk@nebbia.biz

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights.

5. Third Party Links and Services

Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.

5.1 Social Networking and Logins

You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

5.2 Third-Party Applications

You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

5.3 Third Party Products

Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

5.4 Third-Party Services, Activities, and Events

Our Services may include the ability to discover, access or participate in certain services, activities, or events (“Third-Party Activities”). By way of example and not limitation, you can use the NEBBIA We Will site to access information about and register for third party volunteer opportunities. Third-Party Activities are offered and provided by Third Parties, not NEBBIA. Your attendance at and participation in Third-Party Activities is solely at your own risk. NEBBIA will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. NEBBIA is not an agent of any provider of Third-Party Activities.

6. Shopping and E-Commerce

Additional e-commerce terms and conditions may apply to NEBBIA Shopping. You can find these terms and conditions below. We also aim to provide information about our refund, exchange, re-stocking, taxes, shipping, and related policies at or near the point of purchase. If you have questions related to NEBBIA Shopping, please contact our Support Team. Please review these policies prior to making purchases through NEBBIA Shopping.

7. Physical Activities and Dietary Guidance

It’s important to us that users stay healthy while achieving their fitness goals. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can’t be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other users in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.

7.1 Safety First

NEBBIA cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of NEBBIA or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of NEBBIA or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.

7.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by NEBBIA, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. NEBBIA has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will NEBBIA be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

7.3 Not Medical Advice

We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or © information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between NEBBIA and you.

7.4 Success Stories Not Typical

Success stories posted by users or NEBBIA on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, NEBBIA has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

If you are a resident of New Jersey or the Netherlands:

Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by NEBBIA’s own fraud, recklessness, gross negligence or willful misconduct.

8. Modifications to the Terms and Product-Specific Terms

As NEBBIA grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products.

8.1 Updates to these Terms

NEBBIA reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the home page of the NEBBIA websites or in our applications). Modifications will not apply retroactively unless required by law.

We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

8.2 Product-Specific Terms

We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, “Product-Specific Terms” that are specific to certain Services (for example, the Commercial Tools). In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked “I agree.” If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.

9. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, NEBBIA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

10. Limitation of Liability

We are building the best Services we can for you but we can’t promise they will be perfect. We’re not liable for various things that could go wrong as a result of your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall NEBBIA, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; © damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services; and (f) any fines, citations, local legal actions, negative actions from educational institutions, or other facilities relating to any language or branding on our merchandise, in our social media content, or from User-Generated Content in our community that is determined by local law or custom to be profane or obscene. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not NEBBIA has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of NEBBIA, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, © any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by NEBBIA’s own fraud, recklessness, gross negligence or willful misconduct.

11. Indemnification

If you are a resident of the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold NEBBIA, its subsidiaries, suppliers and other partners and their respective agents, consultants, employees, contractors, officers and directors harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, © your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold NEBBIA, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, © your use or misuse of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of NEBBIA ’s own fraud, recklessness, gross negligence or willful misconduct.

12. Governing Law

If you are a resident of the United States or any non-European Union location: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

13. Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and NEBBIA agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.

Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.

This agreement to arbitrate will not preclude you or NEBBIA from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or NEBBIA from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of NEBBIA’s intellectual property rights.

To the fullest event permissible by local law, in the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NEBBIA cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.

In addition, nothing in these Terms limits your rights to bring an action against NEBBIA in the local courts of your place of domicile. All disputes arising under the Terms between you and NEBBIA will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.

If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NEBBIA cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board or other corresponding body.

If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and NEBBIA cannot resolve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: cfk@kfst.dk).

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against NEBBIA in the local courts of your place of domicile.

14. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject NEBBIA or its affiliates to any registration requirement within such jurisdiction or location.

The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.

If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.

If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

15. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 7 (Physical Activities and Dietary Guidance), 9 (No Warranties), 10 (Limitations of Liability), 11 (Indemnification), 13 (Disputes and Arbitration, Jurisdiction and Venue), and 15 (Survival).

16. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

17. Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team by email, by phone at helpdesk@nebbia.biz, +1 (201) 581-7584, or by mail at: HEADQUARTERS NEBBIA USA LLC, 3500 S DUPONT HIGHWAY DOVER, DE 199 01, and include the subject as “Attn: Legal – Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

Appendix A: NEBBIA Shopping

By shopping with us using NEBBIA Shopping, you agree to these terms and conditions. These terms and conditions apply to all offers and agreements in connection with the online sale and delivery of NEBBIA apparel, shoes and accessories (“ NEBBIA Apparel”), but excluding digital products and services (e.g., Premium Memberships), which are expressly addressed in Section 8 of the Terms above. Accordingly, the specific terms and conditions set forth below apply when you order any NEBBIA Apparel (i) from us.nebbia.fitness of any of its country extensions; (ii) from any site that is directly connected to us.nebbia.fitness; or (iii) any NEBBIA e-commerce or shopping application (collectively, “NEBBIA Shopping”).

(a) Account Registration

An account is not required to shop via NEBBIA Shopping. To make online shopping faster and easier, however, you may register for an account with us on one of our websites or applications. Please confirm your email address when creating your account as we will use the email address on file to contact you. If you have an account, you will have the ability to track shipments, view past orders, and quickly access your shipping and billing information with a username and password. If you do not want to set up an account, you can still purchase from NEBBIA Shopping as a “Guest.”

(b) Online Availability

When shopping, once you have selected the item you wish to purchase you can determine what color/size is in stock by first selecting the color (1.Select Color), and then the size (2.Select Size). If the size you want is not listed for the selected color, it is not available. Although NEBBIA Shopping is designed to feature “real-time” inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock due to overwhelming popularity of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to call our customer service line so that we may help you find a similar product.

If you are looking for a product’s style number, it is located inside your garment on a small white tag. It will read, for example, 824. You can search this style number on our Services to find exactly what you are looking for. If no results are found, the style may no longer be manufactured by NEBBIA. Please contact our customer service team for assistance in finding a replacement product.

(d) Ordering and Changes to Orders

When you place an order, we will send a confirmation email to the address you have provided. If you are using your workplace email address, be aware that many corporations use spam filters to disqualify incoming automated emails, which could hamper delivery of our confirmation email to you or send it to junk mail.

The “confirmation” stage sets out the final details of your order. Following this, we will send you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from NEBBIA. Acceptance of your order and the completion of the contract between us will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.

Due to the close time frame between order and shipment, it is difficult to make changes once your order has been placed. However, if you contact us within an hour of placing your order and we will attempt to facilitate a change.

(e) Tax

Sales Tax and similar taxes, such as value added tax (“VAT”), are calculated using local and national rates depending on where you are located. Where VAT is applicable, you will be charged at the local rate and it will be included in the product price displayed in shopping cart.

(f) Payment

NEBBIA reserves the right to supplement the list of acceptable forms of payment for NEBBIA Shopping. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. For most jurisdictions, you must ensure that the billing address on file with the credit or debit card-issuing bank is the same billing address you enter when ordering. We do not accept personal checks, money orders or cash payments online.

Because NEBBIA does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a “pre-authorization” is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds. Please note that the transaction description will show up on your statement as “NEBBIA.” Most authorizations expire within five to seven days; however, the issuing bank ultimately determines the length of the authorization. The final credit or debit card charge will only reflect the value of your shipped merchandise plus applicable shipping and taxes. If you have any further questions, please do not hesitate to call our customer service team.

If you are experiencing problems with payment, please contact our customer service team-a member of our team will be happy to assist you.

(g) Delivery and Shipping

There are some locations that we cannot ship to, and we do not ship to post office boxes, so please confirm that we can deliver to you before placing your order.

The estimated shipping costs for each order will be presented at checkout. While we make every effort to deliver goods within the estimated timelines, delays occasionally occur. NEBBIA shall not be liable for any delay or failure to deliver goods within estimated timelines.

NEBBIA reserves the right to require goods to be signed for by an adult aged 18 years or over upon delivery. It is not always possible for customers in one jurisdiction to purchase from NEBBIA Shopping in another jurisdiction. Please visit our local website to see what stock is currently available to you.

You will generally receive a tracking number via email once your package has been shipped. Please allow two to four business days between placing your order and using the tracking tool.

If you tracked your order on our website and received the message that your order is “in transit”, this simply means that your order is being processed for shipment, or that the tracking information has not yet been updated with the shipping carrier. It typically takes two to four business days for the carrier to receive our tracking information.

We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.

Any orders that are delivered to you will become your property at the time that you receive them, provided that NEBBIA has received full payment for the order.

(h) Cancellations, Exchanges and Refunds

The cancellation, exchange and refund policies and procedures that apply to your order may vary depending on where you are accessing NEBBIA Shopping. For additional information about the policies that apply to a particular order, please review the policies listed in the Customer Service and Additional E-Commerce Terms section of the local website that you used to place the order.

(i) Conflicts of Terms; Governing Law

To the extent these NEBBIA Shopping terms are inconsistent with the Terms, these NEBBIA Shopping terms will supersede and prevail with respect to your NEBBIA Shopping orders and use of NEBBIA Shopping. To the extent these NEBBIA Shopping terms are inconsistent with the terms of the local website used to place your order, the terms of the local website will supersede and prevail with respect to your NEBBIA Shopping orders and use of NEBBIA Shopping.

If you are a resident of Japan:

You must be at least 20, or obtain your parent’s consent if you are 19 or younger, to use NEBBIA Shopping.
For Japanese users shopping on us.nebbia.fitness, only those terms and conditions that are valid under Japanese law will apply, together with any different or additional terms and conditions which are required under Japanese Law.
Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

If you are a resident of Turkey:

For Turkish users shopping on us.nebbia.fitness, only those terms and conditions agreed to by such users that are valid under Turkish law will apply.
In the case of a conflict or inconsistency between the terms and conditions of Appendix A: NEBBIA Shopping and the terms and conditions of the Transaction Guide, the Distance Agreement, or the Pre-Information Form, the terms and conditions of the Transaction Guide, the Distance Agreement, or the Pre-Information Form (as the case may be) will supersede and prevail over the conflicting or inconsistent terms and conditions in Appendix A: NEBBIA Shopping.
We will send you an order acknowledgment that details the NEBBIA Apparel that you have ordered after you have completed your purchase.
You may maintain a different billing address on file for the credit card issuing bank than the billing address you enter when you place an order on us.nebbia.fitness.
If we cannot ship the NEBBIA Apparel to your location, we will inform you by email that shipment to your location is not possible.
Per the Distance Agreement, the delivery of your NEBBIA Apparel will be made within thirty (30) days.
Per the Transaction Guide, Distance Agreement and Pre-Information Form, you have fourteen (14) days to cancel a Distance Agreement and avoid any penalty.
We will not change the goods advertised or offered for sale, the prices or specifications of any such goods and any promotional offers in connection with any already completed purchases and/or in process transactions on us.nebbia.fitness.

If you are a resident of Canada: Notwithstanding anything to the contrary in the Terms or the specific terms and conditions set forth in this Appendix A, with respect to any purchase of NEBBIA Apparel using a Visa credit card at NEBBIA’s Canada website, any dispute pertaining to such purchase, shall be governed by and construed in accordance with Canadian law, without regard to its conflict of law principles.

If you are a resident of Malaysia, Philippines, Singapore, Hong Kong or Indonesia: Notwithstanding anything to the contrary in the Terms or the specific terms and conditions set forth in this Appendix A, with respect to any purchase of NEBBIA Apparel using a Visa or MasterCard credit card at NEBBIA’s Malaysia, Philippines, Singapore, Hong Kong or Indonesia websites, any dispute pertaining to such purchase, shall be governed by and construed in accordance with Singapore law, without regard to its conflict of law principles.

If you are a resident of Thailand:

You must be at least 20 years of age to use NEBBIA Shopping. Otherwise, a consent from your legal representative is required.
Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against NEBBIA in the local court of jurisdiction in Thailand.
Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation, or (4) violation of the law related to the public order or the good moral of the Thai people.
Notwithstanding anything to the contrary in the Terms or the specific terms and conditions set forth in this Appendix A, with respect to any purchase of NEBBIA Apparel using a Visa or MasterCard credit card at NEBBIA’s Thailand websites, any dispute pertaining to such purchase, shall be governed by and construed in accordance with Singapore law, without regard to its conflict of law principles. However, the agreement for the Singapore law as the governing law will be recognized by a Thai court only to the extent that the Singapore law is not contrary to the public order or the good moral of the Thai people.

(j) Product Descriptions and Pricing

NEBBIA Shopping aims to be as accurate as possible. However, we do not warrant that product descriptions, photographs, videos or other product related content on NEBBIA Shopping are wholly accurate, complete, reliable, current, or error-free. If a product offered by NEBBIA is not as described, your only remedy is to return it in unused condition for a refund.

Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by NEBBIA 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. The prices displayed on NEBBIA Shopping may be quoted in local currencies.

(k) Changes

Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through NEBBIA Shopping, the prices or specifications of any such goods and any promotional offers and any content available on NEBBIA Shopping at any time and from time to time without any notice or liability to you or any other person.