Terms of service

I. Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to Naera’s website located at www.naerasoap.com, and all associated sites linked to www.naerasoap.com by Naera, its subsidiaries and affiliates, including Naera sites around the world (collectively, the "Site"). By using the Site, you agree to these terms of use.

Naera reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Naera grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

II. Ownership of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Naera, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Naera’s express prior written consent.

III. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions subscriptions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Naera’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Naera may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

IV. Your Use of the Site

You may not use any "deep-link", "pagescrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Naera reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Naera server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or a network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Naera, including any Naera account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Naera’s systems or networks, or any systems or networks connected to the Site or to Naera.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Naera or others.

V. Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Naera immediately of any unauthorized use of you account or password, or any other breach of security.

VI. Privacy

Naera’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Naera’s Privacy Policy,
click here.

VII. Disclaimers

Naera does not promise that use of the Site will provide specific results or that any content, service or feature of the Site will be error-free or uninterrupted. All information and functionality of the Site is subject to change without notice. Naera disclaims all warranties, express of implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Naera disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or Naera’s services. You assume total responsibility for your use of the Site and any linked sites.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Naera reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

VIII.Limitation of Liability

Except where prohibited by law, in no event will Naera be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Naera has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Naera is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Naera’s liability shall in no event exceed the greater of (1) the total of any purchase, or (2) US $100.00.

IX. Indemnity

You agree to indemnify and hold Naera, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Naera by any third party due to or arising out of or in connection with your use of the Site.

X. Violation of These Terms of Use

You agree that Naera may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Naera, for which monetary damages would be inadequate, and you consent to obtaining any injunctive or equitable relief that Naera deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Naera may have at law or in equity.

You agree that Naera may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Naera does take any legal action against you as a result of your violation of these Terms of Use, Naera will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Naera. You agree that Naera will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

XI. Governing Law; Dispute Resolution

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 California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Diego, California, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Naera and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

XII. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Naera with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Naera with respect to such use are hereby superseded and cancelled.