Overview
PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE SIGNING UP FOR, SHOPPING ON, READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
Introduction
This agreement (”Agreement“) between You and No One Coming (“NOC”, ”the Authors“, “the Site“, “the Website”). “You“, “Reader”, “Customer”, or “Commenter” means any entity identified by its comments, e-mail, purchase or registration information, or IP address. If You use this site on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.
Privacy
See our Privacy Policy.
Content
Unless otherwise stated, all the contents of the Site, EXCEPT FOR COMMENTS, constitute the opinion of their respective owners, and them alone; they do not represent the views and opinions of their respective owner’s employers, supervisors, nor do they represent the view of organizations, businesses or institutions their respective owner is a part of. Unless otherwise stated their respective owners are not medical professionals, and you should never substitute information from this Site for information obtained from a licensed medical professional; always consult your doctor before using any treatment, prescription, drugs, supplements, or undergoing any treatments. The content of this Site is not intended to cause harm, but if You have any concerns about the contents of this Site, please contact the Authors. Disagreeing with the content of the Site does not constitute sufficient ground for You to ask the Authors to remove or modify any parts of this Website.
Copyright Policy
All the text, images and other content being part of this Site is property of No One Coming, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Site. You are welcome to link to this Site, and to discuss its contents in a respectful manner. When You quote or link to this Site, please include the Site’s name in your link. You are not Authorsized to use this content for personal profit. UNAuthorsIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Authors is doing so according to fair dealing practices. Use of material from this Site according to fair dealing practices requires proper acknowledgment.
Comment Policy
The Authors is not responsible for the content of any comments made by the Commenter(s). The Authors is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Site is a venue for education; therefore, the Authors will not delete any critical comments, or comments portraying a different opinion from the Authors’s own, so long as they are respectful and express factual information. However, the Authors reserves the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content), does not contribute positively to the conversation, or is unrelated to the topic. All comments on this Website have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (”SPAM“) will be deleted. The Authors also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
Forbidden Actions
You are not Authorsized to (i) use this Site to advertise for products of any kind and for other websites, (ii) to infringe the Copyright policy and Comment policy of this Website, (iii) to attack this Site using malicious software and/or use this Site for data mining (iv) to commit any illegal actions while using the Site, or against this Sire, (v) to restrict access to this Sire, (vi) to impede the normal functioning of this Sire and (vii) to menace the Authors with, or cause physical or financial harm to, the Authors of this Site.
Changes to the Terms
The Authors reserves the right to change these Terms at any time. You will only be made aware only by consulting these written Terms, NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever you interact with this Website. If You do not agree with the Terms, DO NOT USE THIS SITE.
No Guarantee
The Authors makes no guarantee regarding the validity of the content of the Website. In addition, the Authors does not guarantee that the Website will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Authors’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Authors or Your servers are located. Although the Authors will try to moderate comments quickly, the Authors makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Authors.
No Warranty or Condition; Links
The Authors makes NO WARRANTY OF ANY KIND. If you choose to access the Site, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Site, THE Authors SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE SITE AT YOUR OWN RISK, and that You will not consider the Site’s content to be a suitable substitute for professional advice.
Limitations of Liability
IN NO EVENT SHALL THE Authors BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE Authors’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE Authors FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Authors shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Authors, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Authors is not liable for the content of any comments the Commenter might leave on this Site (see Comment policy).
Obligation to Indemnify
You agree to indemnify, defend and hold the Authors, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Site and/or Your breach of any term of this Agreement. This will include judicial and extra-judicial costs and fees.
Applicable Laws; Venue
The Authors operates the Site from the state in which the Authors resides, and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any location where the content is illegal is prohibited. Any claim related to the use of the Site or to the Site materials shall be governed by the laws of the state in which the Authors resides. Any action related to the access, use, content, or existence of this Site shall be filed only in the appropriate court located within the United States. The use of this Site constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of the state in which the Authors resides for purposes of such actions.
Legal notices and Contact Information
If You are intending to carry out legal action of any kind against the Website or the Authors, you are required to contact the Authors SEVEN BUSINESS DAYS before any legal claim is made. If You feel that your rights have been infringed, please contact the Authors, and allow seven business days for the reply to be received. The Authors will do whatever possible to address Your concerns.
PRICING: Prices are subject to change without notice. All written quotes will be valid for 30 days from the quotation date unless otherwise specified. All prices are in U.S. currency.
Products and Sales:
Pricing
Prices are subject to change without notice. All written quotes will be valid for 30 days from the quotation date unless otherwise specified. All prices are in U.S. currency.
Orders
Orders are processed M-F, excepting all major US holidays and mitigating circumstances. Shipping information is, typically, created within 24 hours, but orders may take up to 7-days to process without notice.
NOC reserves the right to cancel any order, at any time, for any reason. Refund will be made within 5-business days.
Order Delivery
Every effort will be made by NOC to ensure rapid delivery of orders. In stock items are typically shipped within 2 business days, if not sooner. Delays may occur without notification.
Due to the nature of handmade items, some items may take longer to be delivered. All custom and pre-orders for handmade items are subject to delay due to unforeseen circumstances. All NOC handmade items are produced one at a time, by a single craftsman. A timeline will be given for all orders, typically 4-to-8 weeks, but this timeline is variable. Purchasers agree that necessary delays to this timeline may be experienced. Every effort will be made by NOC to update customers about the status of their orders and expected delivery time, but no guarantee is made that these updates will be received. Timelines for delivery of handmade items may be changed without notification, as necessary due to illness, injury, materials/parts availability, or shop/tooling issues.
Defective or Damaged Products
All products are carefully inspected prior to shipment. Any product deemed to be defective is covered by NOC’s Limited Warranty (see “Limited Warranty”). Any product deemed to be damaged will be replaced at no cost. Within 24 hours of receiving a damaged product, customers should contact NOC at Orders@NoOneComing.com. Please have available/include the order number, purchase order number, or invoice number.
Limited Warranty
All of NOC’s handmade products have a lifetime limited warranty that begins on the day a shipment is accepted by the purchaser. This warranty is for any owner, regardless of source of original purchase. Handmade products are warrantied against defects in manufacturing, workmanship, and materials. Products must be used for their intended purpose and cared for in accordance with recommended procedures. NOC is not responsible for any damage that occurs from misuse, purposeful abuse, or negligence as determined by NOC. Items damaged in legitimate use are warrantied for repair or replacement. The customer will be responsible for shipping to return items for repair or replacement. NOC will be responsible for shipping costs for replacement or returning repaired items.
General Returns
Returns should be made to the point of purchase. If you purchased via a dealer, please make the return through that dealer. At NoOneComing.com we accept returns, for reasons other than damage or defect, of items in new, resalable, condition within 30 days. Customers will be responsible for all return shipping costs. In the event of a return, your refund will be processed electronically. Please allow several days for the refund transaction to process through the various banking and credit card systems.
Shipping and Claims
NOC reserves the right to determine the best method of transportation for each order. Orders are shipped via the US Mail for most items.
NOC is not responsible for lost or stolen packages, or items damaged in shipment. In the rare event of loss, theft, or receipt of a damaged package you may file a claim directly with the carrier. All claims must be reported immediately to NOC. Please retain all original packaging and documentation for the carrier to review if necessary.
Intellectual Property
All materials contained on websites operated by No One Coming are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. The unauthorized reproduction or distribution of material from these websites is STRICTLY PROHIBITED unless you have obtained the prior written consent of No One Coming. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material, or still images from audiovisual material available on these websites. The unauthorized reproduction or distribution of these copyrighted works is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000. In a civil action, a willful infringer is liable for statutory damages of $150,000 for a single work, or actual damages at the copyright owner’s election.
Termination
These terms and conditions are applicable to anyone accessing NOC’s websites, completing the registration or shopping process, and/or placing any order via phone, email, or any other communication. These terms and conditions, or any part of them, may be terminated by No One Coming, without notice at any time, for any reason. The provisions relating to Copyrights & Trademarks, Conditions, Customer Warranty; Liabilities and Indemnification, shall survive any termination.