Nuun & Company Website Terms and Conditions of Use
Nuun may revise these Terms and Conditions by updating this posting so be sure to check back regularly. By continuing to use this site after these terms have changed, you indicate your agreement with the revised terms.
Last Updated: December 27, 2022
These Terms and Conditions (“Terms”) govern your access to, and use of, the websites, mobile applications, and/or electronic services maintained by Nuun & Company, Inc., and/or its subsidiaries or affiliated companies (collectively, "Nuun,” “we,” “us,” or “our”) that incorporate or link to these Terms (collectively, the "Site"), and apply to any purchases on or through the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms, policies, and guidelines incorporated herein by reference. If you do not agree to these Terms, do not access, or use the Site.
Nuun reserves the right to update or modify these Terms and/or any terms, policy, or guideline(s) incorporated herein at any time in its sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Site and will indicate at the top of this page the date that revisions were last made. Any such changes or modifications will be effective immediately upon our posting, and you waive any right you may have to receive specific notice of such changes or modifications. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued use of the Site following the posting of revised Terms indicates your acceptance of and agreement to such changes or modifications. If you do not agree to the modified Terms, you should stop accessing and/or using the Site.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Nuun or its subsidiaries and affiliates.3. Trademarks
Nuun, the Nuun logo(s), u hydration, and any other product or service name or slogan contained in the Site are trademarks of Nuun and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nuun. You may not use any meta tags or any other "hidden text" utilizing "Nuun" or any other name, trademark or product or service name of Nuun without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nuun and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Nuun.4. Hyperlinks to the Site
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Nuun or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Nuun logo or other proprietary graphic of Nuun to link to this Site without the express written permission of Nuun. Further, you may not use, frame, or utilize framing techniques to enclose any Nuun trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Nuun's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Nuun or any third party.5. Links to Other Websites and Services
Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew and you will continue to be charged on a recurring basis per the delivery frequency you select (i.e., 1, 2, or 3 months) and without notice until you cancel. You authorize Nuun or our third-party payment processing provider(s) to store your payment method and to automatically charge your payment method based on your selected delivery frequency until you cancel. We will automatically charge you the total, then-current price of the item(s) in your subscription order on the date that order is processed, less the Subscribe & Save discount (i.e., 15% off every subscription order), plus applicable taxes and shipping fees (as applicable), each delivery frequency period upon renewal until you cancel. YOU ACKNOWLEDGE AND AGREE THAT NUUN WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
If your payment method fails, your subscription order will not be placed and you will be notified that payment for your subscription order failed to process, and you will need to update your payment information in your online account. We will reattempt to process payment for your subscription order at an interval of once per day for two (2) successive days. If your payment method is updated successfully within this time period, your subscription order for that delivery frequency period will be processed for shipment. If you fail to update your payment method and provide payment, we will cancel your subscription order for that delivery frequency period and any subsequent delivery frequency period unless and until you update your payment method. You can update or edit your payment information anytime via the “Subscriptions” tab in your online account.
We may change the price of a product in your subscription order at any time, and we will notify you of any price change with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription prior to the next scheduled auto-ship date as described in the “Cancellation Policy” section below. Please make sure that you read any notifications of price changes carefully.
Offer is valid only for individual purchasers. Products are not intended for resale. Cannot be applied to previously placed or pending orders. Valid in continental U.S. only.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU CAN CANCEL YOUR SUBSCRIPTION ANYTIME BY LOGGING INTO YOUR ACCOUNT AND SELECTING TO CANCEL IN THE “SUBSCRIPTION” TAB OR BY CONTACTING US AT 855-H2O-NUUN (855-426-6886) (Monday – Friday, 9AM – 5PM EST). YOU MUST CANCEL WITH AT LEAST TWENTY-FOUR (24) HOURS’ NOTICE PRIOR TO THE NEXT SCHEDULED AUTO-SHIP DATE TO RECEIVE A FULL REFUND. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON‑REFUNDABLE, AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT DELIVERY FREQUENCY PERIOD.
In the event you cancel your subscription, please note that we may still send you promotional communications about Nuun, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for orders that have been shipped to you. We reserve the right, at our sole discretion, to modify or make changes to these Terms at any time. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.7. User Content and Conduct
The Nuun community and other areas of the Site may include discussion forums, user reviews, blogs, user generated content or other interactive areas or community features (“Interactive Areas”) in which you or other users create, post or store content, comments, messages, statements, slogans, materials, data, information, text, music, sound, photographs, video, graphics, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and for the User Content you post. By using the Site, including without limitation any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, indecent, sexually explicit, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that includes or incorporates any identifiable reference to any third-party person or entity (including, without limitation, names, nicknames, trade names, brands, slogans, trademarks, logos, images, drawings, photographs, videos, or likenesses (visual, aural, or otherwise)) without such third-party person or entity's written permission;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule, or regulation;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any user content, you represent and warrant that you have the lawful right to display, distribute and reproduce such User Content and to grant Nuun the rights granted in these Terms;
- User Content that displays, describes, or encourages usage of any Nuun products in a manner that could be offensive, inappropriate, or harmful to Nuun or any user or consumer;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; and/or
- User Content that, in the sole judgment of Nuun, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Nuun or its users to any harm or liability of any type.
Nuun is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is Nuun responsible or liable for any loss, damage, injury, or harm associated therewith. Although Nuun has no obligation to monitor any user conduct on the Site or in any interactive area, Nuun reserves the right and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. Nuun does not approve or endorse any user-posted meetings or events referenced on the Site, and Nuun recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. Your use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Site.8. Rights in User Content and Submissions
Except as otherwise provided herein, on the Site or in a separate agreement, Nuun claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant Nuun and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content on the Site and on third-party websites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes unless you expressly grant these rights to Nuun at the time you upload your content. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to Nuun that you grant in these terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, does not and will not violate these Terms, our Site rules or any applicable law, rule or regulation.9. Merchandise Availability
Merchandise availability on the Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting Nuun customer service here or by emailing firstname.lastname@example.org. You will receive a shipping confirmation e-mail once your items have shipped.10. Payment; Credit for Refunds
Only valid credit cards or another payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, another method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or another method. If the card (or another method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. Regarding "your account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or another method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.11. Shipping & Handling; No Export By You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.12. Disclaimer, Limitation of Liability and Indemnity
Except as otherwise expressly provided, this Site, all Contents and all products and services are provided on an 'as is' basis. Nuun disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Nuun does not warrant that your use of this Site will be uninterrupted or error-free, or that this Site or its server are free of viruses or other harmful elements. Although Nuun endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this Site. Your use of the Site is at your own risk. Neither Nuun nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Site or any information or materials provided on the Site. Nuun is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless Nuun, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of these Terms.13. Applicable Law
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of Washington, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington. All proceedings relating to the Site, these Terms, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of King County, Seattle, Washington, USA, and you and Nuun do hereby consent to the jurisdiction and venue of such courts.