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TERMS & CONDITIONS

Terms of Use


Welcome to the Ondaupswing Inc. websites, which include but are not limited to
nuzari.com, nuzari.biz and nuzari.info (the "Sites"). The Sites are provided as a
service to our customers. You must be age 16 or older to use the Sites. The
following terms and conditions govern your use of the Sites (the "Agreement").


PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR
LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND
REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES. YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO
FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO
UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE.
FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT
WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE
TERMS, PLEASE DO NOT USE THE SITES.


SITE TRANSACTIONS
SITE CONTENTS
ERRORS, INACCURACIES, AND OMISSIONS
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
PERSONAL INFORMATION SUBMITTED THROUGH THE SITES
EVENT PARTICIPATION WAIVER AND RELEASE
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
PRODUCT INFORMATION
PRICING POLICY
RIGHT TO CHANGE SITES
LINKS TO OTHER WEBSITES AND SERVICES
INDEMNIFICATION
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
TERMINATION
SEVERABILITY AND SURVIVAL
GENERAL


Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event we make a change to or cancel an order, we
will attempt to notify you by contacting the email and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.


Site Contents
Unless otherwise noted, the Sites, and all features and materials on the Sites,
including text, images, illustrations, designs, icons, photographs, video clips and
other content, and the copyrights, trademarks, trade dress and/or other
intellectual property in such materials (collectively, the "Contents"), are owned,
controlled or licensed by Ondaupswing Inc. and other trademarks appearing on
the Sites are the trademarks of Ondaupswing Inc. and/or its subsidiaries.


The Sites and the Contents are intended solely for personal, non-commercial use.
You may download or copy the Contents and other downloadable materials
displayed on the Sites for your personal use only. No right, title or interest in any
downloaded Content is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or exploit in any way
any of the Contents or the Sites.


Unless otherwise specified, the Sites and the Contents are intended to promote
Ondaupswing Inc.'s products and services available in the United States. The
Sites are controlled and operated by Ondaupswing Inc. from its offices in
Jamaica, NY.


The content on this site does not constitute medical advice. You should consult
your doctor before beginning any exercise, training or athletic program.
Ondaupswing Inc. is not responsible for any medical or health problems that may
result from your engaging in any activities described on this site or from any
information you obtain from this site. If you ever feel discomfort or pain, you
should not continue.


Errors, Inaccuracies, and Omissions
Information on our Sites may contain typographical errors, inaccuracies, or
omissions that relate to product descriptions, pricing, promotions, offers, and
availability. We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information or cancel orders if any information on the
Sites is inaccurate at any time without prior notice (including after you have
submitted your order).


User Comments, Feedback, and Other Submissions
Ondaupswing Inc. is pleased to hear from you and welcomes your comments
regarding our products and services. While we value your feedback, we are
unable to accept or consider any creative ideas, suggestions, proposals, plans,
or other materials submitted by you (collectively, “Proposals”) other than those
we have specifically requested. The intent of this policy is to avoid the possibility
of future misunderstandings when projects developed by Ondaupswing Inc.'s
employees and agents might seem to be similar to Proposals. Accordingly, we
ask that you not send Proposals to anyone at Ondaupswing Inc. through any
communication channel.


If you send certain specific submissions at our request (for example, contest
entries, customer reviews or photographs), post comments, photos, reviews or
other content on the Sites, or without a request from us you send creative ideas,
suggestions, customer reviews, photographs, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively,
"Comments"), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate, and otherwise use your Comments in any medium.
Ondaupswing Inc. is and shall be under no obligation (1) to maintain Comments
in confidence; (2) to pay compensation for Comments; or (3) to respond to
Comments. We have the right but not the obligation to monitor and edit or remove
any Comments. You may not repost, republish, or redistribute Comments outside
of the Sites.


You agree that your Comments will not violate any right of any third party,
including copyright, trademark, privacy or other personal or proprietary right. You
further agree that your Comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Sites. You may not use a false email
address, pretend to be someone other than yourself, or otherwise mislead
Ondaupswing Inc. or third parties as to the origin of any Comments. You agree to
comply with our Endorsement Policy and to clearly and conspicuously disclose if
you received compensation or other incentive of any kind, from any source, in
exchange for posting Comments. You are solely responsible for any Comments
you make and their accuracy. Ondaupswing Inc. takes no responsibility and
assumes no liability for any Comments posted by you or any third party.


Personal Information Submitted Through the Sites
Your submission of personal information through the Sites is governed by our
privacy policy, which can be reached by clicking on the "Privacy Policy" link
located in the footer section of the Sites (the "Privacy Policy"). This Agreement
incorporates by reference the terms and conditions of the Privacy Policy.


Event Participation Waiver and Release
By signing up for an online activity available through the Sites, such as a “how to
install” class (the “Activity”), you agree to assume full responsibility for all risks
that may arise out of or result from participation in such Activity. You understand
that the Activity can result in physical or emotional injury, and that these risks
and dangers may be caused by foreseeable or unforeseeable causes. You hereby
represent that you are performing the Activity voluntarily, with full knowledge of
the potential hazards, and you expressly, knowingly, and voluntarily assuming the
risk of any and all injury.


In consideration of participation in the Activity, you hereby expressly waive,
release, and discharge Ondaupswing Inc. and all of its subsidiaries, divisions,
affiliates, related entities and/or assigns, including their respective officers,
directors, employees, agents, representatives, successors and assigns
(collectively, “Ondaupswing Inc.”), from any and all liability for any accident,
injury or other loss that may arise from participation in the Activity including,
without limitation, accidents, negligence (your own and/or Ondaupswing Inc.’s),
equipment malfunction or defect, and/or forces of nature.


You acknowledge and agree that you have carefully read this waiver and release
and fully understand that it is a release of liability. You acknowledge and
understand you are waiving any right that you may have to bring a legal action to
assert a claim against Ondaupswing Inc. for negligence arising out of or
connected with the Activity.


Further, you hereby give Ondaupswing Inc. the right and permission to use your
comments, name, voice, image and/or likeness recorded or taken during the
Activity (collectively “Materials'') in any manner or media, including any online,
digital, multi-media or electronic mediums, anywhere in the world, any number of
times for any period of time for any purpose. You waive any right to approve any
use of the Materials. You further waive all rights known as “moral rights” which
you may now or later have. You hereby release, discharge, and hold harmless
Ondaupswing Inc. and any person acting on Ondaupswing Inc.’s behalf from any
liability whatsoever related in any way to use of the Materials.


Notice and Procedure for Making Claims of Copyright Infringement
Ondaupswing Inc. respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Ondaupswing Inc.'s Digital Millennium Copyright Act ("DMCA")
designated agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the
site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.


Ondaupswing Inc.'s Copyright Agent for notice of claims of copyright
infringement on the Sites can be reached as follows:


Ondaupswing Inc.
Legal Department - Brand Services
ATTN: DMCA Designated Agent
P.O. BOX 340232


Jamaica, NY 11434


Email: Ondaupswinginc@gmail.com


Phone: 646-580-8016


Please note that this procedure is exclusively for notifying Ondaupswing Inc. and
its subsidiaries that your copyrighted material has been infringed.


Product Information
Many products displayed on the Sites are available in select stores in the United
States and, in some cases, select foreign markets. The prices displayed on the
Sites are quoted in U.S. Dollars.


Certain products are available exclusively online through the Sites. These
products may have limited quantities and are subject to return or exchange only
through the Sites according to the applicable return policy.


We have made every effort to display as accurately as possible the colors and
styles of our products that appear at the Sites. We cannot guarantee that the
display of any color or style on your computer or mobile device will be accurate.


Pricing Policy
The strike through or listed price represents a price at which we previously
offered the product, or a comparable product, in a retail location or online,
recently or in a past season or year, or the value of a similar item in the market. It
may not represent the price in effect in a retail location or online or elsewhere in
the market on any particular day or in every location.


Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend or
discontinue the Sites or any service, content, feature or product offered through
the Sites, with or without notice; charge fees in connection with the use of the
Sites; modify and/or waive any fees charged in connection with the Sites; and/or
offer opportunities to some or all users of the Sites. You agree that we shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Site, or any service, content, feature or product offered
through the Sites.


Links to Other Websites and Services
The Sites may contain links to other websites that are not under the control of
Ondaupswing Inc. Ondaupswing Inc. has no responsibility for the linked websites
nor does linking constitute an endorsement of any linked website. If you use the
links, you will leave the Sites and your activities may be governed by other terms
and conditions and privacy practices. Links are provided solely for your
convenience and information.


Indemnification
You agree to defend, indemnify and hold Ondaupswing Inc. harmless from and
against any and all claims, damages, costs and expenses, including attorneys'
fees, due to your use of the Sites and/or your breach of any representation,
warranty, or other provision of the Agreement.


DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution.


Mindful of the high cost of legal disputes, not only in dollars but also in time and
energy, both you and Ondaupswing Inc. agree to the following dispute resolution
procedure: In the event of any controversy, claim, action or dispute arising out of
or related to any transaction conducted on the Sites, or the breach, enforcement,
interpretation, or validity of this Agreement or any part of it ("Dispute"), the party
asserting the Dispute shall first try in good faith to settle such Dispute by
providing written notice to the other party (by first class or registered mail)
describing the facts and circumstances (including any relevant documentation) of
the Dispute and allowing the receiving party 30 days in which to respond to or
settle the Dispute. Notice shall be sent


(1) to Ondaupswing Inc. at: Ondaupswing Inc. PO BOX 340232, Jamaica, NY
11434. Attn: General Counsel, or (2) to you at: your last-used billing address or
the billing and/or shipping address in your online profile.


Both you and Ondaupswing Inc. agree that this dispute resolution procedure is a
condition precedent which must be satisfied prior to initiating any arbitration or
filing any claim against the other party.


Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute
resolution procedure described above, a Dispute must be resolved through
binding individual arbitration. You and Ondaupswing Inc. agree to give up your
right to go to court to assert or defend your rights under this Agreement and with
respect to any Dispute. You and Ondaupswing Inc. expressly delegate to the
arbitrator the authority to determine the arbitrability of any Dispute, including the
scope, applicability, validity, and enforceability of this arbitration provision.


You may begin an arbitration proceeding by sending a letter requesting
arbitration to:


Ondaupswing Inc.
Legal Department - Brand Services
ATTN: DMCA Designated Agent
P.O. BOX 340232


Jamaica, NY 11434


Email: Ondaupswinginc@gmail.com


Phone: 646-580-8016


You agree that the arbitration shall be conducted by the American Arbitration
Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”),
as modified by this Arbitration Agreement. The AAA Rules are available on the
AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event
the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to
another arbitration provider. Payment of all filing, administration and arbitrator
fees will be governed by the AAA’s applicable rules. Ondaupswing Inc. will
reimburse those fees for claims totaling less than $2,500 if the arbitrator rules in
your favor on any material aspect of your claim. Ondaupswing Inc. waives its
right to seek attorneys’ fees and costs in arbitration. However, if your claim is
deemed by the arbitrator to be frivolous or brought in bad faith or with an
improper purpose, as measured by the standards of Federal Rule of Civil
Procedure 11, then the arbitrator may award Ondaupswing Inc. the
reimbursement of its costs and arbitration fees against you and/or your counsel.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the county where you live or at another mutually
agreed location. You further agree that if your arbitration claim is filed at or
around the time of other similar claims by the same or related counsel, you agree
that your claim may be temporarily stayed or phased to allow the AAA to
establish efficient and fair adjudication procedures.


In lieu of arbitration, either you or Ondaupswing Inc. may bring any individual
claim in small claims court consistent with the jurisdictional and dollar limits that
may apply, as long as it is brought and maintained as an individual claim. Also,
even if all parties have opted to litigate a claim in court, you or we may elect
arbitration with respect to any claim made by a new party or any claim later
asserted by a party in any related or unrelated lawsuit, including modifying an
individual claim to assert a class, representative or multi-party claim. Arbitration
may be requested at any time, even where there is a pending lawsuit, unless a
trial has begun, or a final judgment entered.


Waiver of Right to Bring Class Actions and Representative Claims. All
arbitrations must proceed on an individual basis. The arbitrator is empowered to
resolve the Dispute with the same remedies available in court. However, to the
extent permissible by applicable law, any relief must be individualized to you and
shall not affect any other customer. You and Ondaupswing Inc. agree that each
may bring claims against the other in arbitration only in your or Ondaupswing
Inc.’s respective individual capacities and in so doing you and Ondaupswing Inc.
hereby waive the right to a trial by jury, to assert or participate in a class action
lawsuit or class action arbitration (either as a named-plaintiff or class member),
and to assert or participate in any joint or consolidated lawsuit or joint or
consolidated arbitration of any kind. If it is decided that applicable law precludes
enforcement of any of this paragraph’s limitations as to a particular claim, then
that claim (and only that claim) must proceed in court and be severed from any
arbitration.


Other Terms. This Arbitration Agreement shall be governed by, and interpreted,
construed, and enforced in accordance with, the Federal Arbitration Act. The
terms of the Arbitration Agreement provisions shall survive after this Agreement
terminates or your use of the Sites ends. Except as set forth above, if any portion
of this Arbitration Agreement is deemed invalid or unenforceable, it will not
invalidate the remaining portions of the Arbitration Agreement.


Termination
With the exception of the Arbitration Agreement, which shall survive the
termination of these terms, these terms are effective unless and until terminated
by either you or Ondaupswing Inc. You may terminate this Agreement at any time.
Ondaupswing Inc. also may terminate this Agreement at any time without notice,
and accordingly may deny you access to the Sites, if in our sole judgment you fail
to comply with any term or provision of the Agreement. The obligations and
liabilities of the parties incurred prior to the termination date shall survive the
termination of this Agreement for all purposes.


Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or
unlawful for any reason, (1) the unenforceable or unlawful provision shall be
severed from this Agreement; (2) severance of the unenforceable or unlawful
provision shall have no impact whatsoever on the remainder of the Arbitration
Agreement or the parties’ ability to compel arbitration of any remaining claims on
an individual basis pursuant to the Arbitration Agreement; and (3) to the extent
that any claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of competent
jurisdiction and not in arbitration, and the parties agree that litigation of those
claims shall be stayed pending the outcome of any individual claims in
arbitration.


General
This Agreement and Arbitration Agreement are governed by the laws of the State
of New York, without regard to any conflict of law provisions. The waiver of any
provision of the Agreement shall not be considered a waiver of any other
provision or of Ondaupswing Inc.'s right to require strict observance of each of
the terms herein. This Agreement constitutes the entire agreement between us
relating to your use of the Sites.

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