Terms of Use

NUPUR LLC Terms of Use

EFFECTIVE DATE: May 1, 2022

These Terms of Use (“Terms”) govern your use of our website at www.bagceit.com and any other sites, pages, or features on which these Terms are posted (collectively, the “Site”). These Terms are entered into by and between you and NUPUR LLC (“the Company,” “we”, “us”, or “our”). 

1.Acceptance of These Terms

Please read the Terms carefully as they affect your legal rights and obligations and govern your use of the Site. 

YOU AGREE AND ARE BOUND TO THESE TERMS BY ACCESSING OR USING OUR  SITE, COMPLETING A PAYMENT, OR CLICKING “I AGREE” OR “I ACCEPT” WHERE RELEVANT. IF YOU DO NOT AGREE TO BE BOUND TO ALL OF THESE TERMS, DO NOT USE THE SITE.

1.1 Eligibility

You must be at least 18 years old to use the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

1.2 Arbitration and Class Action Waiver

THESE TERMS GIVE THE COMPANY THE RIGHT TO REQUIRE DISPUTES BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION (AND NOT BY COURT LITIGATION), IN ITS SOLE DISCRETION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST THE COMPANY (See the section below titled “Dispute Resolution” for complete details).

2. Making Payments

To make a payment through the Site, you need a valid, legal payment method with full authority to use it. You represent and warrant that you will not use any form of payment unless you have all the necessary legal authorization to do so. 

You must supply information needed to process your transaction, like your name, credit or payment card number and expiration date, and billing address. Any Personal Information you provide us is governed by our Privacy Policy.

You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment method is declined, you agree to pay all additional fees and costs incurred as a result. 

3. Sweepstakes or Promotions

From time to time we may have sweepstakes or other promotional offers, which may be governed by a separate set of rules and eligibility requirements, such as certain age or geographic restrictions. Such rules and requirements govern your participation, registration, or entry in any sweepstakes or promotion.

4. Privacy Policy

When you access or use the Site, we may collect information describing or relating to you (“Personal Information”). Our collection, use, and disclosure of your Personal Information is governed by our Privacy Policy. By using the Site or otherwise providing your consent you agree to the terms of our Privacy Policy.

5. Your Rights and Responsibilities

If you do not uphold your responsibilities or breach any of these Terms, we may block or prevent you from using the Site. You are responsible for any damages caused and you may be required to indemnify us as set out in the section titled “Indemnification” below.

5.1 Do Not Do Anything Illegal

You may only use the Site for lawful purposes and as described in these Terms. You must not use the Site:

  • In any way that violates any federal, state, local, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

  • To impersonate or attempt to impersonate the Company, our employees, or agents, another user, or any other person or company; or,

  • To exploit, harm, or attempt to exploit or harm anyone else in any way.

5.2 Do Not Misuse the Site

Do not use the Site in any way to gain any unauthorized use of or access to data, the Site, or our systems and networks. You must not:

  • Use the Site in a way that could disable, disrupt, overburden, damage, or impair any parts or functionality of the Site, our servers, or other computing resources, including any other user’s use of the Site or their ability to engage in real-time activities through the Site;

  • Use manual or automatic devices, software, or processes like malware, bots, trojans, worms, logic bombs, or other means to leverage the Site for any improper purpose, including monitoring users, copying any data, running analytics, or conducting research;

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

  • Engage in any conduct that restricts or inhibits any user’s use or enjoyment of the Site; or

  • Otherwise attempt to interfere with the proper workings of the Site or our systems and networks.

5.3 Do Not Misuse Our Intellectual Property

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Intellectual Property.

5.4 Be Respectful

To the extent you may interact with the Company employees or other users through the Site, please be respectful and do not engage in any discriminatory, harassing, or threatening behavior. 

6. Intellectual Property

You acknowledge and agree that the Site and its entire contents, features, and functionalities (including but not limited to all information, technology, software, text, displays, images, video, audio, name, logo, service names, designs, slogans, and trademarks, and the design, selection, and arrangement thereof) are owned or licensed by the Company, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (our “Intellectual Property”). 

You are only permitted to access the Site as expressly authorized in these Terms. These Terms do not transfer any right, title, or interest in our Intellectual Property to you. You agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Intellectual Property.

7. Third-Party Links and Content

The  Site may include links to or content provided by third parties. The Company does not maintain or own this content and we do not imply approval, sponsorship, or endorsement of these other sites and we have not reviewed these other sites. If you decide to leave our Site to access third-party sites, you do so at your own risk. You agree that the Company does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Site. 

8. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE  SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE  SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE  SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limited Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY FOR ANY SERVICES IN THE PRECEDING TWELVE (12) MONTHS OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

10.1 Obligations

You agree to indemnify, defend, and hold harmless the Company, our affiliates, and our respective officers, directors, members, managers, agents, employees, personnel, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, losses, injuries, damages, liabilities, judgments, costs and expenses including reasonable attorneys’ fees, experts’ fees and court costs (each a “Claim”) arising out of or in connection with (i) a breach of these Terms or any other applicable terms by you, including any allegation that, if true, would constitute a breach; and/or, (ii) the negligent acts or omissions, errors, or intentional wrongdoing by you, your employees, subcontractors, agents, or other legal representatives.

10.2 Procedures

We will notify you of any Claim promptly after we learn about it; provided, however, that your obligations under this Section shall continue even if we do not provide you with prompt notice of any such Claim, so long as you are not materially prejudiced as a result. At our sole discretion, we shall control the proceedings relating to a Claim or allow you to do so, at your sole cost and expense. Under no circumstance may you settle any Claim without the consent of the applicable Indemnified Parties, which shall not be unreasonably withheld. To the fullest extent permitted by law, such settlement shall not admit liability on the part of any Indemnified Party or impose any liability or obligation upon such Indemnified Party. If you fail to timely undertake the defense of a Claim, each of the applicable Indemnified Parties shall have the right, but not the obligation, themselves to undertake, or to have another for them to undertake, the defense (including settlement) of such Claim, which shall be on behalf of, for the account of, at the sole cost and expense of, and at the sole risk of, you.

11. Governing Law and Jurisdiction

All matters relating to the Site, these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the County of Baltimore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution

IMPORTANT: BY ACCEPTING THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you have any issue or dispute with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute informally, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with, or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA. 

Each party will be responsible for paying their respective AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

ANY CLAIMS YOU BRING AGAINST THE COMPANY MUST BE IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY PURPORTED CLASS ACTION PROCEEDING.

13. Waiver and Severability

Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14. Entire Agreement

These Terms and our Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with the Company, shall constitute the entire agreement between you and the Company with respect to the Site and any use of the Site. 

15. Changes

We may change or update these Terms from time to time. If we change these Terms, we will post the updated Terms here, and those changes will go into effect on the “Effective Date” below. If any of these changes are material, we will take reasonable steps to notify you and, if necessary, obtain your consent. Your continued use of the Site will constitute acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Site.

16. Contact Us

If you have any questions or comments about these Terms please email us at info@bagceit.com.