Terms & Conditions

TERMS AND CONDITIONS

Terms and Conditions : Part 1

General

The sale of Nu Mood Energy products is strictly subject to the buyer’s acceptance of these terms and conditions.
Nu Mood Energy limits acceptance to these terms and expressly rejects any additional or differing terms proposed by the buyer.
No modification of these terms shall be valid through any buyer-provided forms, performance, dealings, or trade practices.
Placing an order constitutes the buyer’s agreement to these terms.
Nu Mood Energy strives to accurately represent product colors and images in its marketing materials. However, display accuracy may vary based on the buyer’s devices.
Nu Mood Energy reserves the right to limit sales to any individual or region on a case-by-case basis.
Nu Mood Energy may limit product quantities offered.
Product descriptions and prices are subject to change without notice.
Nu Mood Energy reserves the right to discontinue products at any time.
Offers are void where prohibited.
Information in our communications may contain errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
Nu Mood Energy reserves the right to correct such errors and to change or update information or cancel orders if inaccuracies are found, without prior notice, even after an order has been placed.
Nu Mood Energy is not obligated to update information, including pricing, unless required by law.
An update should not be interpreted as a confirmation that all information has been modified or updated.

Health and Safety

These products have not been evaluated by the Food & Drug Administration.
Check local laws before making a purchase.
These products are not intended to diagnose, treat, cure, or prevent any disease.
Consult a healthcare professional prior to use if you have or suspect a medical condition.
If you are under medical supervision, using antidepressants, anti-anxiety medications, diabetes medications, narcotics, blood pressure medication, sedatives, tranquilizers, or asthma medication, seek advice from your healthcare provider before use.
Do not use if you are pregnant, lactating, or under 18 years old.
Do not use it while operating machinery or driving.
Keep out of reach of children.

Information Disclaimer

The information on this site is for general knowledge and is not a substitute for professional medical advice or treatment for specific conditions.
Consult your physician.
Testimonials and product reviews reflect individual experiences and should not be considered professional advice.
Individual results may vary.
Always seek the advice of your physician with any questions regarding a medical condition.
The information on this website is not intended to diagnose, treat, cure, or prevent any disease.
Never disregard medical advice or delay seeking it because of something you read on this site.

Order and Acceptance

Products sold on this site are for personal use, not for resale.
All orders placed through this website are subject to Nu Mood Energy’s acceptance at its sole discretion.
Nu Mood Energy may refuse or cancel any order, whether or not it has been confirmed, without liability.
Nu Mood Energy reserves the right to discontinue any program or offer.

Medical Disclaimer

The site does not provide medical advice, diagnosis, or treatment.
The information included is for informational purposes only.
Some portions of the site may allow you to submit questions to us or third parties who have agreed to communicate with our users.
Neither our employees nor these third parties are authorized to provide medical or professional advice through the site.
Confirm the qualifications of any third party providing information.
Do not use the information obtained on the site for diagnosis or treatment of any health problem or in place of any prescribed medication or treatment.
Consult your physician or healthcare provider if you have health-related questions before using any of our products or relying on any site information.
Discuss any medications or supplements you are using with a healthcare provider before starting any new ones.

Limitation of Liability

Nu Mood Energy, its contributors, system operators, developers, and sponsors are not responsible for the results or consequences of using the information presented on this website.
Nothing on this site should be construed as a medical opinion or the practice of medicine.
You cannot make any claims against this domain, numood.com, or the company owning this page for any damages, risks, side effects, or other detrimental effects allegedly resulting from your use of Nu Mood Energy products or purchases from this domain.

Disclaimer

Do not use if pregnant, lactating, or under 18 years old (21 in some states).
Do not consume while operating machinery.

Terms and Conditions : Part 2

General

The agreed price is stated in the contract for the sale of Nu Mood Energy products.
The order form was completed and executed by both the buyer and Nu Mood Energy for the sale of products.
The materials and goods Nu Mood Energy has agreed to supply to the buyer under the contract.
The entity providing products under the contract.

Delivery and Shipping Terms

At the shipping point, when Nu Mood Energy is delivered to the carrier, ownership, and risk of loss of all products pass to the customer.
All delivery fees and expenses are the buyer’s responsibility.
You can make partial delivery.
Nu Mood Energy has the right to deliver merchandise ahead of time.
Delivery schedules are not guaranteed and are contingent upon the timely delivery of all required buyer information.
The buyer has one day to tell Nu Mood Energy if the products are delivered in different quantities, types, or at different prices than those listed on the order form.
The only options available to Nu Mood Energy in the event that products are not delivered are to replace them within a fair amount of time or to change the order form to reflect the actual quantity supplied.

Cancellation of Order

The buyer may cancel its order only with Nu Mood Energy’s prior written consent, which may be withheld at Nu Mood Energy’s sole discretion.
All cancellations will be subject to reasonable and proper cancellation charges.
The buyer may return only unopened products within one day of delivery at its sole cost.
No returns of special, custom, or made-to-order products will be permitted.
For whatever reason, Nu Mood Energy retains the right to reject any order submitted by the customer.
Nu Mood Energy may limit or cancel quantities purchased per person, per household, or per order at its sole discretion.
Nu Mood Energy may make an effort to contact the customer via the email address and/or phone number supplied on the applicable order form in the event that there are any modifications or cancellations.
The buyer agrees to provide current, complete, and accurate purchase and account information for all purchases.
The buyer agrees to promptly update its account and other information so Nu Mood Energy can complete transactions and contact the buyer as needed.

Contract Price

All prices are confidential, and the buyer shall not disclose such prices to any third party.
All contract prices are exclusive of sales, use, excise taxes, and other similar taxes, duties, and charges imposed by any governmental authority.
The buyer is responsible for all such charges, costs, and taxes, except for taxes imposed on Nu Mood Energy’s income, revenues, gross receipts, personnel, real or personal property, or other assets.
The contract price excludes shipping and handling charges, which are the buyer’s obligation.

Payment

Nu Mood Energy is not obligated to send products to the buyer unless the full amount of the contract price is received.
Nu Mood Energy shall provide its wire instructions to the buyer.
The buyer shall not withhold payment of any amounts due and payable to Nu Mood Energy due to any set-off of any claim or dispute with Nu Mood Energy.

Important Notice

Nu Mood Energy adheres to federal, state, county, and city laws concerning the sale of its products.
Nu Mood Energy will not accept purchases or ship to customers in areas where the sale of its products is banned.
The affected areas include Alabama, Arkansas, Indiana, Sarasota County (Florida), San Diego (California), Jerseyville (Illinois), Vermont, Wisconsin, Mississippi, Tennessee, and Rhode Island.

Wholesaler Agreement

Wholesalers must agree to the terms and conditions set forth by Nu Mood Energy.
Confidential information exchanged between Nu Mood Energy and the wholesaler must remain confidential and proprietary.
Both parties agree that all rights, titles, and interests in the confidential information remain solely with the disclosing party.
The wholesaler agrees to protect and secure Nu Mood Energy’s rights in any improvements or developments to the confidential information.

Minimum Advertised Pricing (MAP)

The MAP policy protects the integrity of the Nu Mood Energy product line and its retailer network.
The MAP price applies to all forms of advertising, including catalogs, direct mail, websites, in-store displays, and social media.
The advertised minimum price must be equal to or greater than Nu Mood Energy’s Manufacturer Suggested Retail Price (MSRP).
Non-compliance with the MAP policy will result in Nu Mood Energy ceasing to supply the distributor.

Disclaimer

These products have not been evaluated by the Food & Drug Administration.
These products are not intended to diagnose, treat, cure, or prevent any disease.
If you suspect or currently have a medical issue, speak with your healthcare provider before using it.
If you are under medical supervision or using certain medications, seek advice from your healthcare provider before use.
Do not use if you are pregnant, lactating, or under 18 years old (21 in some states).
Do not consume while operating machinery or driving.
Keep out of reach of children.

Medical Disclaimer

The information on this site is for general knowledge and is not a substitute for professional medical advice or treatment.
Always seek the advice of your physician with any questions regarding a medical condition.
Testimonials and product reviews reflect individual experiences and should not be considered professional advice.
Do not ignore medical advice or put off getting it because of something you have read on this website.
Nu Mood Energy is not responsible for any consequences arising from the use of information presented on its website.
Nothing on the Nu Mood Energy website should be interpreted as an attempt to practice medicine or to give or convey a medical opinion.

Terms and Conditions: Part 3

General Overview

These Terms of Service, including additional terms and policies referenced or linked herein, govern your use of http://www.NuMood.com and related websites, mobile apps, emails, social media profiles, and online offerings (collectively, our “Services”) and the purchase of Nu Mood Energy products through these Services (collectively, our “Products”). These Terms form a legally binding agreement between you and Nu Mood Energy (“we,” “our,” “us”).
By using our Services and/or purchasing our Products, you accept these Terms. If you do not agree, do not use our Services or Products.
By using our Services and Products, you confirm that you are at least eighteen (18) years old and have the legal capacity to agree to these Terms.

Arbitration Clause and Class Action Waiver

By accepting these Terms, you agree to resolve disputes with us through binding individual arbitration and to waive any right to a jury or judge trial, as well as the arbitration clause and class action waiver found in Section 15.
You renounce your claim to take part in representative actions, class actions, or class arbitrations. Arbitration is optional, as detailed in Section 15.

General Conditions

We reserve the right to refuse access to our Services and/or the purchase of our Products to anyone for any reason.
You agree not to use our Products and Services for illegal or unauthorized purposes, including violating any applicable laws, rules, and/or regulations in your jurisdiction.
All of our Services are offered without charge, unless otherwise noted, as long as you comply with these Terms.
There is content on our services that is both third-party and proprietary. The correctness and caliber of the Services and Content are not guaranteed by us. By using our services and content, you accept full responsibility for all associated risks.

Additional Terms and Conditions

Some of our Services may have additional posted terms and conditions. Your use of those Services is subject to those additional terms, which are incorporated into these Terms by reference. In case of conflict, the additional terms control.

Buyer’s Representations and Warranties

Buyer has the authority and required licenses to enter into and perform obligations under the contract and purchase the Products.
The buyer has the capacity and authority to execute and perform the contract, which constitutes a legal and binding obligation.
The agreement does not violate any laws or agreements, nor does it impose any liens on the assets or property of the buyer.

Prohibited Uses

Buyer agrees not to use Products for any unlawful or unauthorized purpose.
Buyer agrees not to solicit others to perform unlawful acts.
Buyer agrees not to violate any regulations, laws, or ordinances.
Buyer agrees not to infringe upon Nu Mood Energy’s or others’ intellectual property rights.

Disclaimer of Warranties

All Products are provided “as is” without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Nu Mood Energy personnel are not authorized to alter this disclaimer.

Limitation of Liability

Any direct, indirect, incidental, punitive, special, or consequential damages resulting from the agreement or use of the Products are not covered by Nu Mood Energy and its affiliates.
Nu Mood Energy’s total liability is limited to the amount paid for the Products under the Order Form.

Indemnification

Buyer agrees to indemnify, defend, and hold harmless Nu Mood Energy and its affiliates from any third-party claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

Buyer’s breach of the contract or applicable law.
Buyer’s violation of third-party rights.
Buyer’s negligence or misconduct.
Buyer’s use or sale of Products.
Third-party use of Products through Buyer.

Terms and Conditions : Part 4

General Overview

These Terms of Service govern your use of http://www.NuMood.com and related platforms, as well as the purchase of Nu Mood Energy products.
By using our Services or purchasing Products, you accept these Terms. If you do not agree, you are prohibited from using our Services or purchasing our Products.
You must be at least 18 years old to use our Services and Products.

Conditions and Restrictions

We reserve the right to refuse service or product sales to anyone for any reason at our sole discretion.
You agree to use our Products and Services only for lawful purposes and not in violation of any applicable laws, rules, or regulations.
Our Services are offered without charge, unless otherwise noted, as long as you comply with these Terms.
Although we make every effort to deliver accurate and current services, we cannot guarantee the quality, integrity, or correctness of any content or services. It is your personal responsibility to use our services and content.

Additional Terms

Some of our Services may be subject to additional posted terms and conditions. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. In the event of any conflict between these Terms and additional terms, the additional terms will control.

Buyer’s Representations and Warranties

The buyer represents that they have the authority and necessary licenses to enter into and perform their obligations under the contract.
The buyer confirms that the contract is a legal and binding obligation, enforceable in accordance with its terms.
The buyer assures that entering into and performing the contract will not violate any applicable laws or agreements.

Prohibited Uses and Disclaimer

The buyer must comply with all applicable international, federal, state, and local regulations, laws, and ordinances.
The buyer agrees not to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
All Products are provided “as is” without any representations, warranties, or conditions of any kind, either express or implied.

Limitation of Liability and Indemnification

We will not be liable for any direct, indirect, incidental, or consequential damages of any kind.
Our total liability arising out of or related to a contract will not exceed the total amount paid for the Products.
The buyer agrees to indemnify, defend, and hold us harmless from any third-party claims, costs, damages, losses, liabilities, and expenses arising from breach of contract, violation of law, third-party rights, negligence, misconduct, or use/sale of Products.

Intellectual Property, Termination, and Survival

The contract does not grant any license or rights to the buyer of our intellectual property.
We may terminate the contract with immediate effect upon written notice if the buyer fails to pay any amount when due, does not comply with any provisions of the contract, or becomes insolvent.
The indemnities, agreements, representations, warranties, and other statements will survive delivery and payment for Products and any termination of the contract.

Non-Reliance, No Waiver, and Governing Law

The buyer acknowledges that they do not rely on any statements, representations, or warranties other than those expressly set out in the contract.
Our failure or delay to exercise any right, remedy, power, or privilege will not operate as a waiver. Our rights and remedies are cumulative and not exclusive of other rights.
The contract and the rights and obligations of the parties will be governed by and construed in accordance with the laws of the state of Delaware and the United States.

Products, Refunds, Subscriptions, and Shipping

Our Products are available only to individuals over 18, and we reserve the right to limit sales, discontinue Products, and change descriptions, pricing, and packaging at any time.
Contact us at support@NuMood.com within 24 hours of receipt for refunds or exchanges. Returned Products must be unopened and unused. Return shipping costs are the buyer’s responsibility unless we ship the product in error.
Subscription orders will be processed and charged in advance. Some subscriptions may auto-renew. Manage subscriptions via confirmation email links.
We ship within the United States but do not ship to certain restricted locations. We are not responsible for shipping issues or damages once the Product is with the carrier. Contact us for assistance with lost orders.

Registration

Registration may be required for some Services. Provide accurate information and maintain account confidentiality. Notify us of any unauthorized use or security breaches. We are not liable for losses due to account mismanagement.

Terms and Conditions : Part 5

Conditions and Restrictions

We reserve the right to refuse service or product sales to anyone for any reason at our sole discretion.
You agree to use our Products and Services only for lawful purposes and not in violation of any applicable laws, rules, or regulations.
Our Services are offered without charge, unless otherwise noted, as long as you comply with these Terms.

Purchases and Payment

We accept Visa, Mastercard, Discover, Diners Card, American Express, and JCB.
When purchasing Products, provide current, complete, and accurate purchase and account information. Update this information as soon as possible to finalize transactions and get in touch with you. If applicable, sales tax will be charged.
You agree to pay all charges at the prices in effect at the time of purchase, including applicable shipping fees. You authorize us to charge your chosen payment provider. We reserve the right to correct any pricing errors, even after payment has been requested or received.

Ownership and Intellectual Property

Our Products, Services, and all Content are protected by applicable intellectual property rights. You may not modify, sell, resell, license, transfer, publish, reproduce, or exploit any of our Products or Services.
We give you the personal, revocable, non-transferable, non-exclusive right to access and use the Services and Content for your own use, provided you abide by these Terms. Any other use is strictly prohibited and constitutes a breach of these Terms.

Third-Party Websites and Services

Our Services may contain links to third-party websites and services. We have no control over these sites and are not responsible for their content or any changes to them.
Any third-party inclusion Links or content do not imply endorsement. You and third parties are the only ones who engage with each other. For any loss or harm resulting from such exchanges, we disclaim all liability. Please contact the relevant party with any inquiries or grievances regarding goods or services provided by third parties.

Limitation of Liability

We will not be liable for any direct, indirect, incidental, or consequential damages of any kind.

Intellectual Property, Termination, and Survival

The contract does not grant any license or rights to the buyer of our intellectual property.
We may terminate the contract with immediate effect upon written notice if the buyer fails to pay any amount when due, does not comply with any provisions of the contract, or becomes insolvent.
The indemnities, agreements, representations, warranties, and other statements will survive delivery and payment for Products and any termination of the contract.

Non-Reliance, No Waiver, and Governing Law

The buyer acknowledges that they do not rely on any statements, representations, or warranties other than those expressly set out in the contract.
Our failure or delay to exercise any right, remedy, power, or privilege will not operate as a waiver. Our rights and remedies are cumulative and not exclusive of other rights.

Products, Refunds, Subscriptions, and Shipping

Our Products are available only to individuals over 18, and we reserve the right to limit sales, discontinue Products, and change descriptions, pricing, and packaging at any time.
Contact us at support@NuMoodEnergy.com within 24 hours of receipt for refunds or exchanges. Returned Products must be unopened and unused. Return shipping costs are the buyer’s responsibility unless we ship the product in error.
Subscription orders will be processed and charged in advance. Some subscriptions may auto-renew. Manage subscriptions via confirmation email links.
We ship within the United States but do not ship to certain restricted locations. We are not responsible for shipping issues or damages once the Product is with the carrier. Contact us for assistance with lost orders.

Registration

Confidential Information

All non-public, confidential, or proprietary information disclosed by us to you, whether orally or in written, electronic, or other form, is confidential. This information is solely for the purpose of performing or entering into the contract and may not be disclosed or used without our prior written consent.
All documents and materials containing confidential information must be returned to us or destroyed.
This confidentiality obligation does not apply to information that is publicly known, known to you at the time of disclosure, or rightfully obtained by you on a non-confidential basis from a third party.

Submission to Jurisdiction and Waivers

You irrevocably submit to the exclusive jurisdiction of the courts of the state of Delaware or the United States District Court for the District of Delaware for any legal action or proceeding relating to the contract.
You consent to the service of process by mailing a copy by registered or certified mail to your address.
You waive any right to claim special, exemplary, punitive, or consequential damages.

Waiver of Jury Trial

You irrevocably waive the right to a trial by jury in any legal proceeding arising out of or relating to the contract or the transactions contemplated hereby.

Notices

All notices, requests, and demands must be in writing (including email) and will be deemed given when received, if mailed, sent by courier, or personally delivered, and when sent, if by email.

No Advisory or Fiduciary Relationship

The purchase and sale of Products are arm’s-length transactions. We are acting solely as a principal, not as your agent or fiduciary.
We have not provided any legal, accounting, regulatory, or tax advice. You should consult your own advisors as needed.

No Waiver; Cumulative Remedies

Our failure to exercise or delay in exercising any right or remedy will not operate as a waiver. Rights and remedies are cumulative and not exclusive.

Terms and Conditions: Part 6

Force Majeure

Nu Mood Energy is not responsible for delays or failures in fulfilling the contract due to events beyond its control.
Uncontrollable events include war, terrorism, natural disasters, government actions, and civil unrest.
Labour disputes and other events that make contract performance impossible are also included.

Assignment

You cannot transfer your rights or responsibilities under this contract without written permission from Nu Mood Energy.
Any unauthorized transfer is void.
Transferring responsibilities does not release you from obligations under this contract.

Successors

This contract benefits and binds both parties and their respective successors.
No other person has any rights or obligations under this contract.

Severability

The remaining portions of this agreement will remain legal and enforceable even if any part of it is determined to be invalid or unenforceable in any jurisdiction.
The validity of the contract in other jurisdictions is not affected.

Ambiguities

Any ambiguities in this contract will not be interpreted against the party that drafted it.

Effectiveness of the Contract

This contract becomes effective once both parties sign and deliver an order form.

Counterparts

An order form may be signed in multiple copies, each considered an original.
Together, these copies form a single agreement.
An electronically delivered signature is as effective as a manual one.

General Terms

Nu Mood Energy’s sale of products is conditioned on your agreement to these terms.
Any additional or different terms proposed by you are not accepted unless agreed to in writing by Nu Mood Energy.
Nu Mood Energy has made efforts to accurately display product colors and images.
Your device’s display may not accurately reflect these colors.
Nu Mood Energy reserves the right to limit the sale of its products to any person or region.
The quantities of products offered may be limited.
Product descriptions and prices may change without notice.
Product or offer discontinuations are null and void where banned.
Any mistakes or inconsistencies in its communications may be fixed by Nu Mood Energy.
Orders may be updated or canceled without prior notice.
You are responsible for any content you upload or transmit through Nu Mood Energy’s services.
By uploading content, you grant Nu Mood Energy and its partners the right to use, distribute, and display your content.
Your content must not infringe on third-party rights, be misleading or illegal, or violate any privacy or publicity rights.
Nu Mood Energy has the right to remove any content at its discretion.
Nu Mood Energy has no obligation to monitor your content.
If you believe your content has been wrongfully used, you may submit a claim notice to Nu Mood Energy.
The notice must include specific information to be considered valid.
Any misrepresentation in such claims may result in penalties.
If your content is removed due to a complaint, you may be notified and given the opportunity to resolve the issue.
Objections to such determinations must follow specific procedures and include certain information.

Terms and Conditions: Part 7

Definitions

The company that Nu Mood Energy is supplying items to, as stated on the order form.
The completed order placed and paid by the Buyer and Nu Mood Energy for the sale of products, including these Terms.
The agreed price is stated in the contract for the sale of products.
The document was completed and executed by the Buyer and Nu Mood Energy for the sale of products.
The materials and goods Nu Mood Energy has agreed to supply to the Buyer under the Contract.
The company delivering the goods under the Contract is Nu Mood Energy.
These are the terms and conditions that apply to product sales at Nu Mood Energy.

Delivery and Shipping Terms

At the time of delivery to the carrier at the shipping point, ownership and risk of loss for all products pass to the buyer.
All fees and duties related to delivery are the buyer’s responsibility.
Products may be supplied ahead of schedule, and partial deliveries are permitted.
The approximate timing of deliveries is contingent upon the timely receipt by the buyer of all required information.
If the number, kind, or price of the delivered goods differs from what was specified on the order form, the buyer must tell Nu Mood Energy within a day.
The only options available to Nu Mood Energy in the event of non-delivery are to replace the products within a reasonable amount of time or to modify the Order Form to reflect the actual quantity provided.

Cancellation of Order

Orders can only be canceled with Nu Mood Energy’s prior written consent, which may be withheld at its sole discretion.
Cancellations are subject to reasonable and proper cancellation charges paid by the Buyer.
Within a day of delivery, the buyer may return unopened items at their own expense.
Special, customized, or made-to-order products cannot be returned.
Nu Mood Energy maintains the right to reject any order and to restrict or eliminate the amount that can be ordered by a single individual, home, or order.
Nu Mood Energy will make every effort to contact the Buyer using the contact details supplied on the Order Form in the event that an order is modified or canceled.
The Buyer must provide accurate and up-to-date purchase and account information for all transactions.

Contract Price

The Buyer shall purchase the products at the agreed Contract Price.
All prices are confidential and must not be disclosed to third parties.
Contract Prices exclude all sales, use, excise taxes, and other similar taxes, duties, and charges imposed by any governmental authority.
The Buyer is responsible for all such charges, except for taxes on Nu Mood Energy’s income, revenues, gross receipts, personnel, or property.
Shipping and handling charges are the Buyer’s responsibility.

Payment

Products won’t be shipped by Nu Mood Energy unless the entire Contract Price is paid.
The Buyer will get wire instructions from Nu Mood Energy.
Payment cannot be withheld by the Buyer because of a disagreement or claim against Nu Mood Energy.

Communications

By using Nu Mood Energy’s services, the Buyer agrees to receive communications, including emails and text messages, regarding products, services, and third-party business offerings.
All electronic communications from Nu Mood Energy satisfy any legal requirement that such communication be in writing.
To opt out of email communications, the Buyer can email sales@numoodenergy.com, mail Nu Mood Energy at the address listed in the Terms, or click the “unsubscribe” link in any email.

Advertisers

Advertisers are responsible for their advertisements and any services or products sold through those advertisements.
Advertisers must have all rights and authority to place advertisements on Nu Mood Energy’s services.
Nu Mood Energy has no relationship with advertisers beyond placing advertisements.

Privacy Policy

Any information collected from the Buyer is subject to Nu Mood Energy’s Privacy Policy, which can be viewed at privacy policy page of Nu Mood Energy.
By using Nu Mood Energy’s services, the Buyer agrees to the terms of the Privacy Policy.

Conduct

The technology and software that underpin the services provided by Nu Mood Energy are owned by both the company and its partners.
The Buyer agrees not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, or transfer any rights to the technology or software.
The Buyer agrees not to use the services to transmit inappropriate, unlawful content or any harmful software.
The Buyer must not interfere with or disrupt the services or impersonate any person or entity.
It is illegal and a violation of these terms to access the services without authorization.
By using the services, the buyer agrees to abide by all applicable laws and legal procedures.

Terms and Conditions: Part 8

Termination, Suspension, and Company Rights

We reserve the right to make decisions about our Services and your use of them at our discretion without prior notice.
This includes terminating or suspending your access to any part of our Services or Products.
Any content you upload to our services could be changed or removed for any reason.
Additionally, everything accessible via our Services may be changed or removed by us.
We have the right to update our Services, either in whole or in part.
We may establish new general rules and limits for using our Services and content.
You agree that we and our affiliates or partners will not be liable for any consequences of these actions.
You agree not to pursue any claims against us or our associates related to these actions.

Indemnification

You agree to indemnify and defend us, as well as our associated parties, from any claims, losses, or expenses.
This includes legal fees incurred due to your use of our Services and content.
Any accusations of privacy rights violations, copyright infringement, or defamation fall within your responsibility.
In the event that we decide to manage the defense of any claims at our expense, you will have to comply.

Disclaimer; No Warranties; Limitation of Liability

We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of information through our Services.
We do not accept responsibility for harm resulting from downloading or accessing content through our Services.
We are not liable for service outages caused by server maintenance or other events beyond our control.
We do not guarantee that our Services will be uninterrupted or error-free.
We do not warrant the accuracy or reliability of content available through our Services.
All content and Services are provided on an “as is” and “as available” basis.
You are responsible for any potential damage to your computer system or data loss resulting from using our Services.
We make no express or implied warranties regarding the quality or performance of our Services or content.
We and our partners are not liable for any damages arising from using or being unable to use our Services or Products.
Our liability is limited to the maximum extent allowed by law or $50, whichever is greater.

Buyer’s Representations and Warranties

By purchasing our products, you attest that you have the legal right and authorization to engage in this agreement, abide by its terms, and use it.
The Contract is enforceable and legally binding, and you are able to perform and deliver it.
Your actions will not violate any applicable laws, rules, or regulations.
Your actions will not breach any material agreements or create any liens on your property.
No clause in your organizational documents will be broken by your activities.

Prohibited Uses

You agree not to use our Products for any illegal or unauthorized purposes.
You are not allowed to encourage people to commit crimes.
You should not violate any laws or regulations.
You must not infringe upon our intellectual property rights or those of others.

Disclaimer of Warranties

All Products are provided “as is” without any express or implied warranties.
This includes warranties of merchantability, fitness for a particular purpose, and non-infringement.
No employee or representative of Nu Mood Energy is authorized to alter this disclaimer of warranty.

Limitation of Liability

We and our associates are not liable for any injuries, losses, or claims arising from the use or inability to use our Products.
This includes any direct, indirect, incidental, punitive, special, or consequential damages.
The whole price paid for the Products under a Contract will be the limit of our responsibility with regard to that Contract.
This limitation of liability reflects the agreed risk allocation and is a fundamental basis of the Contract.

Indemnification by Buyer

You agree to indemnify and hold harmless us and our associated parties from any third-party claims, costs, or damages.
This includes claims arising from a breach of the Contract or applicable laws.
You are responsible for covering any violations of third-party rights, negligence, or misuse of Products.
This also includes any third-party use of Products through you.

Terms and Conditions: Part 9

Remedy; Arbitration; Governing Law

If you are unhappy with our products, services, or content, your only solution is to stop using them, subject to our refund policy.
Any dispute or claim related to these terms, products, or services will be resolved through binding arbitration.
The arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association.
Both parties waive the right to a jury trial for disputes arising from these terms.

Children

Individuals under 18 are not allowed to use our products and services.
By agreeing to these terms, you confirm you are over 18.
If you are under 18, you may only use our services with parental or guardian consent.
Notify us if you believe someone under 18 is using our services.

International Usage

We do not guarantee that our products and services are suitable, legal, or available for use in any specific jurisdiction.
If you access our services, you do so at your own risk.
You are responsible for complying with local laws.
We may restrict access to our services at any time and at our discretion.

Intellectual Property

These terms do not grant you any license or rights to our or our affiliates’ intellectual property.
This includes patents, trademarks, trade secrets, or copyrights.

Termination

We can terminate this contract immediately if you fail to pay any amount due within 30 days of receiving a notice of nonpayment.
We can terminate this contract if you fail to comply with any terms.
We can terminate this contract if you become insolvent or file for bankruptcy.

Representations and Indemnities

Your representations, warranties, and agreements under this contract remain effective regardless of any investigation by us.
These representations, warranties, and agreements will survive the delivery and payment of the products.
They will also survive any termination of the contract.

Non-Reliance

By signing this agreement, you understand that you are not depending on any of our assertions or representations save those that are made clear in the terms of the agreement.
You are using your independent judgment and legal review for purchase decisions.
We are not responsible for any changes in law or legal actions affecting the products you purchase.

No Representations and Warranties

We do not make any further express or implied representations or warranties other than those that are expressly mentioned in the contract.
This includes warranties as to quality, performance, or suitability for purpose.
All other warranties and terms are excluded to the fullest extent allowed by law.

No Waiver; Cumulative Remedies

Our failure to exercise any right or remedy will not be a waiver of that right or remedy.
Our rights and remedies under the contract are cumulative.
They are not exclusive of any other rights and remedies provided by law.

Integration

This contract is the entire agreement between you and us regarding its subject matter.
It supersedes any prior agreements or understandings.

Governing Law

This contract and the rights and obligations of the parties are governed by the laws of the State of Delaware and the United States.
This excludes any conflict of laws and rules.

Terms and Conditions: Part 10

Jurisdiction and Legal Waivers

You agree to submit to the jurisdiction of the courts of the State of Delaware or the United States District Court for the District of Delaware, including any appellate courts, for any legal actions or proceedings related to this contract.
You consent to the jurisdiction of these courts and waive any objections to the venue or claims that these courts are inconvenient.
Legal notices may be served by registered or certified letter to the address on the Order Form or by following local civil procedures.
This agreement does not limit the ability to serve legal notices in other legally permitted ways or to sue in other jurisdictions.
You waive any rights to claim special, exemplary, punitive, or consequential damages in any legal action related to this contract.

Waiver of Jury Trial

To the maximum extent permissible by relevant law, you thus irrevocably forfeit the right to a jury trial in any legal proceeding resulting from this agreement or any associated transactions.

Notices

All notices, requests, and demands must be in writing. They can be sent by mail, pre-paid courier, personal delivery, or email.
When a notice is provided via email, it is deemed given when it is received, regardless of whether it was sent by mail or courier.
Unless otherwise changed in writing, use the contact information listed on the order form.

No Advisory or Fiduciary Relationship

The purchase and sale of products under this contract is a commercial transaction between you and us.
We act solely as a principal and not as an agent or fiduciary for you or any other party.
We do not have any advisory or fiduciary responsibilities to you beyond what is explicitly stated in the contract.
Our affiliates may have interests that differ from yours.
We do not provide legal, accounting, regulatory, or tax advice; you should consult your own advisors as needed.

Confidential Information

All non-public, confidential, or proprietary information provided by us, including samples, documents, data, pricing, discounts, or rebates, is for use only in connection with this contract and cannot be disclosed or copied without our written permission.
You agree to return all items you receive from us as soon as requested.
This confidentiality obligation does not apply to information that is public, known to you at the time of disclosure, or rightfully obtained from a third party on a non-confidential basis.
We are entitled to injunctive relief for any violation of these confidentiality obligations.

Miscellaneous

We could be compelled by law to inform you of specific occurrences.
Such notices will be effective upon posting on our services or delivering them through electronic communication.
Keep your contact information updated to ensure you receive these notices.
Our failure to enforce any provision of these terms does not constitute a waiver of that provision.
Any claims related to these terms or our services must be filed within one year of the cause of action arising.
These terms, including any incorporated policies, represent the entire agreement between us and supersede any prior agreements.
If any provision of these terms is found to be invalid or unenforceable, it will be replaced by a valid provision that closely matches the original intent, and the rest of the terms will remain in effect.
We may assign our rights and obligations to others at any time.
These terms do not create any joint venture, partnership, employment, or agency relationship between you and us.
These terms will not be interpreted against us just because we drafted them.

Terms and Conditions: Part 11

Electronic Agreements

By using our services, you agree to accept electronic signatures, contracts, and records.
You also agree to receive electronic notices, policies, and transaction records.
You waive any rights requiring physical signatures or non-electronic records.

Changes to Terms

We can update these Terms at any time by posting new versions on our website.
We will notify you of updates by changing the “Last updated” date.
It’s your responsibility to review these Terms regularly. Continuing to use our services means you accept any changes.

Contact Information

For questions or comments about these Terms or our services, contact us at sales@numoodenergy.com

Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our control, such as natural disasters, wars, strikes, or other unforeseen events.

Assignment

You cannot transfer your rights or delegate your obligations under these Terms without our written consent.
Any unauthorized transfers or delegations are invalid.

Successors

These Terms benefit and bind both parties and their successors. No one else has rights or obligations under these Terms.

Severability

If any part of these Terms is invalid or unenforceable, the rest will still apply.

Interpretation

Any unclear terms will not be interpreted against the party who drafted them.

Effectiveness

These Terms become effective when you sign the order form.

Counterparts

An order form can be signed in multiple copies. Each signed copy is considered an original, and together, they form one agreement.
Electronic signatures are as valid as physical signatures.