Hi and welcome to Now or Never Web sites, which include but are not limited to NowOrNever.shop (the "Sites"). Now or Never Sites provide website features to you subject to the following terms and conditions (“Terms”). If you visit or shop at Now or Never Sites, you accept these Terms. Please read them carefully.
Unless otherwise noted, the design of the Sites, the Sites as a whole, and all materials that are part of the Sites (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Now or Never its subsidiaries and affiliates. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Sites for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Sites. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties. Now or Never reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
We welcome your comments and feedback regarding our Sites, our products and our services (collectively, “Comments”). Any Comments posted or sent to the Sites shall be and will remain the exclusive property of Now or Never. Submission of any Comments to the Sites shall be deemed an assignment to Now or Never of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. Now or Never shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you.
All items purchased from Now or Never Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Promotions including discounts or other incentives such as shipping promotions and gift with purchase and the terms associated with these promotions are at the sole discrepancy of Now or Never. Now or Never attempts to be as accurate as possible. However, Now or Never does not warrant that product descriptions or other content of Now or Never Sites are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email.
Despite our best efforts, items on our Site may occasionally be mispriced. Now or Never shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Now or Never shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Now or Never shall promptly credit the credit card account in the amount of the incorrect price.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Now or Never does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
We reserve the right to make changes to our Sites, policies, and these Terms at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms are effective unless and until terminated by Now or Never. Now or Never may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Sites and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Now or Never shall also have the right without notice and at any time to terminate the Sites or any portions thereof, or any products or services offered through the Sites, or to terminate any individual's right to access or use the Sites or any portions thereof.
Now or Never may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. NOW OR NEVER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOW OR NEVER 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 NOW OR NEVER 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 NOW OR NEVER 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. NOW OR NEVER 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 NOW OR NEVER'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOW OR NEVER, ITS MEMBERS, 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 ANY OF THESE TERMS.
By visiting Now or Never Sites, you agree that any dispute or claim arising out of or in connection with these Terms shall be governed by the laws of the State of Arizona. The venue for any suit involving these Terms shall be at the discretion of Now or Never in the state of Arizona.