Terms of service
OVERVIEW
Welcome to nmbuilds! When we mention “we”, “us”, or “our”, we are referring to nmbuilds. Our team manages this store and website, along with all associated information, content, features, tools, products, and services, to offer you, our valued customer, a personalized shopping experience (referred to as the “Services”). Shopify powers nmbuilds, enabling us to deliver these Services to you. The terms and conditions outlined below, along with any referenced policies (referred to as these “Terms of Service” or “Terms”), detail your rights and responsibilities when utilizing the Services. It is important to carefully review these Terms of Service as they contain crucial information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you are agreeing to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, it is recommended that you refrain from using or accessing our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of the age of majority in your state or province of residence and that you have granted us permission to allow any of your minor dependents to utilize the Services on devices under your ownership, purchase, or management. In order to make use of the Services, which includes accessing or browsing our online stores or making purchases of any products or services we offer, you may need to provide specific information, such as your email address, billing details, payment information, and shipping information. You assert and guarantee that all information you furnish in our stores is accurate, up-to-date, and complete, and that you possess all necessary rights to provide this information. It is your sole responsibility to safeguard the security of your account credentials and to monitor all activity on your account. You are prohibited from transferring, selling, assigning, or licensing your account to any other individual.
SECTION 2 - OUR PRODUCTS
We have diligently strived to present an accurate portrayal of our products and services in our online stores. However, please be aware that colors or the appearance of products may vary from what is displayed on your screen due to factors such as the type of device you are using to access the store and your device settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will align with your expectations or match exactly as shown or described in our online stores. Descriptions of products are subject to change without prior notice at our discretion. We retain the right to discontinue any product at any time and may impose restrictions on the quantities of products available to individuals, specific geographic regions, or jurisdictions, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are essentially extending an offer to make a purchase. nmbuilds retains the right to either accept or reject your order at its own discretion for any reason. Your order is deemed accepted only after nmbuilds confirms this acceptance. It is imperative that we receive and process your payment before your order can be considered accepted. We strongly advise you to carefully review your order before finalizing it, as nmbuilds may not be able to accommodate cancellation requests once an order has been accepted. If for any reason we are unable to accept, modify, or cancel an order, we will make efforts to notify you by reaching out via the email address, billing address, and/or phone number provided during the order placement. Your purchases are subject to return or exchange based solely on our Refund Policy. By making a purchase, you affirm and guarantee that your acquisitions are for personal or household use and not intended for commercial resale or export purposes.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price applied to a product or service will be the price prevailing at the time the order is placed and will be specified in your order confirmation email. Unless explicitly stated otherwise, the displayed prices do not encompass taxes, shipping, handling, customs, or import fees. Prices showcased on our online platforms might differ from those offered in physical stores or in online or third-party operated stores. Periodically, we may introduce promotions on our Services that could impact pricing and are governed by distinct terms and conditions separate from these Terms. In cases of conflict between the promotion terms and these Terms, the promotion terms will take precedence. By shopping at our stores, you agree to furnish current, accurate, and complete information regarding purchases, payments, and your account. It is your responsibility to promptly update your account details, including email address, credit card information, and expiry dates, to facilitate successful transactions and communication. You affirm and guarantee that (i) the credit card details you provide are accurate and complete, (ii) you are duly authorized to utilize the credit card for the purchase, (iii) your credit card company will honor the charges incurred, and (iv) you will settle the charges incurred at the displayed prices, inclusive of shipping, handling fees, and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We want to clarify that we are not held accountable for any delays in shipping and delivery. The estimated delivery times provided are approximate and are not assured. We do not assume responsibility for delays resulting from shipping carriers, customs procedures, or unforeseen circumstances beyond our jurisdiction. Upon transferring products to the carrier, the title and risk of loss are transferred to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, encompassing all trademarks, brands, textual content, visuals, graphics, product evaluations, videos, audios, and the overall design, selection, and arrangement, are the property of nmbuilds, its affiliates, or licensors, and are safeguarded by U.S. and international patent, copyright, and other intellectual property regulations. These Terms authorize you to utilize the Services solely for personal, non-commercial purposes. It is imperative that you refrain from reproducing, distributing, modifying, creating derivative works, publicly displaying, performing, republishing, downloading, storing, or transmitting any material from the Services without our explicit written consent. Unless expressly stated herein, these Terms do not confer or imply any license or rights to you regarding any patent, trademark, copyright, or other intellectual property held by nmbuilds, Shopify, or any third party. Unauthorized utilization of the Services may contravene federal and state intellectual property statutes. All rights not expressly granted herein are preserved by nmbuilds. The names, logos, product and service designations, and slogans associated with nmbuilds are trademarks owned by nmbuilds, its affiliates, or licensors. You are prohibited from using these trademarks without obtaining prior written authorization from nmbuilds. Shopify's name, logo, product and service designations, and slogans are trademarks of Shopify. All other names, logos, product and service designations, and slogans visible on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may gain access to customer tools from third-party providers as part of our Services, which we do not oversee or have control over. It is important to note that we offer access to such tools "as is" and "as available," without any warranties, representations, or conditions, and without endorsement. We hold no responsibility for any liabilities arising from or related to your utilization of optional third-party tools. Your use of these optional tools on the site is entirely at your own discretion and risk. Please ensure that you are acquainted with and consent to the terms set forth by the relevant third-party provider(s) for these tools. Furthermore, we may introduce new features through the Services in the future, including the rollout of new tools and resources. These new features are considered part of the Services and are governed by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites operated by third parties, including embedded third-party functionality. We do not undertake the examination or assessment of the content or accuracy of any third-party materials or websites that you opt to visit. Should you choose to exit the Services to access such materials or third-party sites, you do so at your own risk. We disclaim any liability for any harm or damages arising from your access to third-party websites or your interactions with products, services, resources, or content on those websites. It is important that you carefully review the policies and practices of the third parties and ensure your understanding before engaging in any transactions. Any complaints, claims, concerns, or queries regarding third-party products and services should be directed to the respective third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] nmbuilds is powered by Shopify, which facilitates our provision of Services to you. It is important to note that any sales and purchases conducted in our Store are directly with nmbuilds. By utilizing the Services, you understand and agree that Shopify bears no responsibility for any aspect of transactions between you and nmbuilds, including any injuries, damages, or losses resulting from purchased products and services. You explicitly release Shopify and its affiliates from all claims, damages, and liabilities associated with your purchases and interactions with nmbuilds.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policies for more details on how we, Shopify, and our partners use your personal information.
All personal information collected through the Services is governed by our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By utilizing the Services, you confirm that you have reviewed these privacy policies. As the Services are hosted by Shopify, Shopify gathers and processes personal information regarding your access to and utilization of the Services to deliver and enhance them for your benefit. Information you provide through the Services will be shared with Shopify and potentially third parties located in countries different from your own, to facilitate the provision of services to you. For further insights into how we, Shopify, and our partners utilize your personal information, please refer to our privacy policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or transmit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. This license allows us to operate, evaluate, enhance, improve, and promote the Services, as well as fulfill our obligations and exercise our rights under the Terms of Service. By providing Feedback, you confirm that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received for your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to: (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback. We reserve the right to monitor, edit, or remove Feedback that we deem, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Feedback should not contain libelous or unlawful content, abusive or obscene language, or any computer viruses or malware that could impact the Services’ operation or any related website. You must provide accurate Feedback and not mislead us or third parties regarding its origin. You are solely accountable for the accuracy of any Feedback you provide. We do not assume responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
At times, there may be information on or within the Services that contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is found to be inaccurate at any time without prior notice, even after you have placed your order.
SECTION 13 - PROHIBITED USES
You are permitted to access and use the Services solely for lawful purposes. It is prohibited to access or use the Services, directly or indirectly, for any unlawful or malicious purposes, to violate regulations, rules, laws, or ordinances, to infringe upon our intellectual property rights or the rights of others, to engage in harassing, abusive, insulting, defamatory, or harmful behavior towards our employees or others, to transmit false or misleading information, to send unsolicited material, to impersonate others, or to engage in any conduct that may restrict or harm the use or enjoyment of the Services by others. Furthermore, you agree not to upload viruses or malicious code, not to reproduce or exploit any part of the Services, not to collect personal information of others, not to engage in spamming or phishing activities, and not to interfere with the security features of the Services or any related website. We reserve the right to suspend, disable, or terminate your account without notice if we find that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part of it) at any time without notice, at our sole discretion. In the event of termination, you will still be responsible for any outstanding amounts up to and including the termination date. Certain sections, including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that should logically survive termination, will remain in effect following the termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is intended for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is done at your own risk. We disclaim all liability and responsibility for any reliance placed on such materials by you, other visitors to the Services, or by anyone informed of its contents. Unless expressly stated otherwise by nmbuilds, the Services and all products offered through them are provided on an "as is" and "as available" basis for your use, without any representation, warranties, or conditions of any kind, whether express or implied. This includes implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Please note that some jurisdictions may limit or not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, nmbuilds, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, as well as those of Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, revenue, savings, data, replacement costs, or any similar damages, whether arising from contract, tort (including negligence), strict liability, or any other legal theory. This limitation applies to any issues related to your use of the Services or any products obtained through the Services, or any other claim connected in any way to your use of the Services or products. This includes errors or omissions in any content, or any loss or damage incurred as a result of using the Services or any content (or product) posted, transmitted, or made available via the Services, even if the possibility of such damages has been advised.
SECTION 17 - INDEMNIFICATION
By using the Services, you agree to indemnify, defend, and hold harmless nmbuilds, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims. This includes reasonable attorneys' fees, that may be payable to any third party due to or arising from:
- Your violation of these Terms of Service or any documents referenced within them.
- Your infringement of any law or the rights of a third party.
- Your access to and use of the Services.
We will inform you of any claim for indemnification, and failure to promptly notify you will not release you from your obligations unless it significantly harms you. We may take charge of the defense and settlement of such claims at your cost, including the selection of legal representation. However, we will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You are expected to assist in the defense of indemnified claims by providing pertinent documents and information.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforced to the fullest extent allowed by applicable law. The unenforceable part will be considered severed from these Terms of Service, and this decision will not impact the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision outlined in these Terms of Service does not mean that we waive that right or provision. These Terms of Service, along with any policies or operating rules published by us on this site or related to the Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service and replace any previous or contemporaneous agreements, communications, or proposals—whether spoken or written—between you and us. This includes any prior versions of the Terms of Service. Any uncertainties in interpreting these Terms of Service should not be interpreted against the party that drafted them.
SECTION 20 - ASSIGNMENT
You are not allowed to delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any such attempt without our consent will be deemed invalid. However, we reserve the right to transfer, assign, or delegate these Terms as well as our rights and obligations without needing your consent or providing you with prior notice.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you with Services will be governed by and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where nmbuilds is headquartered. Both you and nmbuilds agree to the venue and personal jurisdiction in such courts for any legal matters related to these agreements.
SECTION 22 - HEADINGS
The headings used in this agreement are provided for convenience purposes only and will not restrict or otherwise impact these Terms in any way. They are meant to assist in navigating the agreement and do not have any legal significance in altering the terms stated within.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You have the ability to review the most recent version of the Terms of Service at any time on this page. We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for any changes. We will inform you of any significant alterations to these Terms as required by law, and such modifications will become effective on the specified date in the notice. Your continued use of or access to the Services after any changes to these Terms of Service have been posted signifies your acceptance of those changes.