Terms of service
Terms of Service
OVERVIEW
This website is operated by Nelo. Throughout the site, the terms "we", "us" and "our" refer to Nelo. Nelo offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service & Sale ("Terms"), including those additional terms, conditions, and policies referenced herein. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any Services.
Any new features or tools added to the site will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates on the website. Your continued use of the site constitutes acceptance of those modifications.
Our store is hosted on Shopify Inc., which provides us with the ecommerce platform used to process transactions and deliver our Services.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in the use of this Service.
You must not transmit worms, viruses, or any destructive code.
A breach or violation of any of these Terms will result in immediate termination of your access.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that content (excluding credit card information) may be transferred over networks unencrypted and modified to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material is provided for general informational purposes and should not be exclusively relied upon.
We may update content at any time but are not obligated to do so.
SECTION 4 — MODIFICATIONS TO SERVICE & PRICING
Prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice. We are not liable for any modifications, price changes, or discontinuation of the Service.
SECTION 5 — PRODUCTS OR SERVICES
Certain products may only be available online and in limited quantities. All products are subject to our Refund Policy.
We strive for accurate product representation but cannot guarantee that your device's display of any color will be accurate.
We reserve the right to limit product sales, limit quantities, discontinue items, and refuse orders at our discretion.
SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel orders placed under the same name, email address, payment method, or shipping address.
You agree to maintain accurate and current account and payment information to ensure successful transaction completion.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools that we do not monitor or control. Use of such tools is entirely at your own risk and subject to the terms of the relevant third-party providers.
Any new features or tools added in the future will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Third-party content and links may appear on our site. We are not responsible for the accuracy, legality, or quality of third-party content or websites.
Any complaints or claims regarding third-party products or content should be directed to the applicable third party.
SECTION 9 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
By submitting content such as comments, ideas, or suggestions, you grant Nelo unrestricted rights to use, edit, publish, or distribute that content.
You agree that your submissions will not violate the rights of others or contain harmful, illegal, or offensive material.
We may — but are not required to — monitor or remove content we deem inappropriate.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through our site is governed by our Privacy Policy, available at drinknelo.com/policies/privacy-policy.
SECTION 11 — ERRORS, INACCURACIES & OMISSIONS
We reserve the right to correct any errors relating to product descriptions, pricing, promotions, shipping, or availability at any time. We have no obligation to update information unless required by law.
SECTION 12 — PROHIBITED USES
You are prohibited from using the site or its content for:
(a) any unlawful purpose (b) soliciting others to perform or participate in unlawful acts (c) violating any applicable laws or regulations (d) infringing upon intellectual property rights (e) harassment, abuse, discrimination, or defamation (f) submitting false or misleading information (g) uploading or transmitting malware or malicious code (h) collecting or tracking personal information of others (i) spamming, crawling, or scraping (j) obscene or immoral purposes (k) interfering with security features of the site
Violation of any of the above may result in immediate termination of your access.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, secure, or error-free use of the Service. Your use of the site is at your own risk.
Products and Services are provided "as is" and "as available" without warranties of any kind.
We shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to lost revenue, data, profits, or replacement costs. Our total liability to you shall not exceed the amount you have paid to Nelo in the last twelve (12) months, or one hundred dollars ($100), whichever is greater.
Certain jurisdictions do not allow the exclusion of certain warranties or limitations of liability. If applicable law in your jurisdiction restricts these limitations, they apply only to the fullest extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify and hold Nelo and its team harmless from any claims or damages arising from your breach of these Terms or your violation of any law or third-party rights.
SECTION 15 — SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed and the remainder of the Terms will remain in full effect.
SECTION 16 — TERMINATION
These Terms remain in effect until terminated by either party. You may terminate by ceasing use of the site. We may suspend or terminate your access at any time for violations of these Terms.
SECTION 17 — ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and Nelo governing your use of the site.
SECTION 18 — GOVERNING LAW
These Terms are governed by the laws of the State of Wyoming. For purchases, subscriptions, returns, billing, and disputes, Section 19 (Terms of Sale) controls.
SECTION 19 — TERMS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.
BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NELO, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance and Cancellation
Your order constitutes an offer to purchase under these Terms. All orders are subject to acceptance by Nelo. We reserve the right to decline any order at our sole discretion. After receiving your order, we will send a confirmation email with your order number and details. A binding contract is not formed until you receive that order confirmation.
3. No Medical Advice; Accuracy of Information
The content on this site is for general informational purposes only and does not constitute medical advice. Statements on this site have not been evaluated by the Food and Drug Administration. Consult your healthcare provider before using any product. Individual results may vary based on factors such as age, health, and genetics. We make no guarantee that you will achieve any specific health or wellness outcomes.
4. Prices and Payment Terms
(a) All prices are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as confirmed in your order confirmation email. Posted prices do not include applicable taxes or shipping and handling charges, which will be added at checkout.
(b) By submitting payment information, you represent that you are fully authorized to use the payment method provided, that all information is accurate and complete, and that sufficient funds exist to cover the transaction. We are not responsible for any fees or charges applied by your bank or card issuer.
5. Automatic Renewals
If you purchase a subscription, you will be automatically charged on a recurring basis at the frequency selected at checkout (every 28, 56, or 84 days). YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL AT LEAST 24 HOURS BEFORE YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND PAYMENT WILL BE PROCESSED. TO CANCEL, LOG IN TO YOUR CUSTOMER PORTAL AT TRYNELO.COM/A/LOOP_SUBSCRIPTIONS/CUSTOMER OR CONTACT US AT contact@heynelo.com BEFORE YOUR NEXT SCHEDULED BILLING DATE. You may also pause, skip, or modify your subscription frequency through your customer portal or by contacting us. We reserve the right to refuse renewal of any subscription at our sole discretion.
6. Shipments; Delivery; Title and Risk of Loss
(a) We will arrange shipment of products to the address provided at checkout. Shipping and handling charges will be specified during the ordering process.
(b) Title and risk of loss transfer to you once we hand the product off to the carrier. Delivery dates are estimates only and cannot be guaranteed. We are not liable for shipping delays.
7. Refunds and Returns
Please refer to our Refund Policy at drinknelo.com/policies/refund-policy for full details. To request a refund, email contact@heynelo.com within 60 days of receiving your order. We reserve the right to refuse refunds from customers who exhibit a pattern of repetitive returns, defined as more than two refund requests within a 12-month period.
8. Electronic Communications
(a) By creating an account or making a purchase, you consent to receive electronic communications from Nelo via email or site postings for any purpose. These communications satisfy any legal writing requirement.
(b) SMS/Text Messaging. By providing your phone number and consenting to SMS communications, you agree to receive transactional, promotional, and marketing text messages from Nelo. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. To opt out, reply STOP to any text message. For support, reply HELP or contact us at contact@heynelo.com.
9. Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NELO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NELO, ITS OFFICERS, EMPLOYEES, DIRECTORS, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, PROFITS, DATA, OR GOODWILL. IN NO EVENT WILL NELO'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID NELO IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. CERTAIN JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS — IF YOU RESIDE IN SUCH A JURISDICTION, THESE LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Goods Not for Resale or Export
You represent that you are purchasing products for personal or household use only, and not for resale or export. You agree to comply with all applicable laws and regulations.
12. Privacy
Our Privacy Policy at drinknelo.com/policies/privacy-policy governs all personal data collected in connection with your purchase.
13. Force Majeure
We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, government actions, war, civil unrest, pandemic, labor disputes, or supply chain disruptions.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THESE TERMS, NELO'S PRIVACY POLICY, NELO'S ADVERTISING OR MARKETING PRACTICES, OR NELO'S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C. §§ 1-16. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF WYOMING AND IS AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE UNDER APPLICABLE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES BETWEEN YOU AND NELO AND MAY NOT CONSOLIDATE CLAIMS WITHOUT NELO'S CONSENT. CLASS OR REPRESENTATIVE CLAIMS ARE NOT PERMITTED IN ARBITRATION.
(b) NELO RETAINS THE RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION FOR ANY ACTUAL OR POTENTIAL INFRINGEMENT OF NELO'S INTELLECTUAL PROPERTY RIGHTS.
(c) UNLESS YOU TIMELY OPT OUT, YOU WAIVE YOUR RIGHT TO: (A) A COURT OR JURY TRIAL; (B) FULL PRE-HEARING DISCOVERY; (C) PARTICIPATION IN A CLASS ACTION; (D) ACT AS A PRIVATE ATTORNEY GENERAL; OR (E) CONSOLIDATE YOUR CLAIM WITH THOSE OF OTHERS.
(d) YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF YOUR PURCHASE BY EMAILING contact@heynelo.com WITH YOUR NAME, THE PRODUCT PURCHASED, AND A CLEAR STATEMENT OF YOUR INTENT TO OPT OUT OF ARBITRATION.
16. Assignment
You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Any unauthorized assignment is null and void.
17. No Waivers
Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement. Any waiver must be in writing and signed by an authorized Nelo representative.
18. No Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person other than you.
19. Notices
(a) To You. We may provide notice via email to the address on your account or by posting on the Site.
(b) To Us. To provide notice to Nelo, contact us at contact@heynelo.com. We may update our contact information by posting a notice on the Site.
20. Severability
If any provision of these Terms is found to be invalid or unenforceable, it will be severed and the remaining provisions will remain in full effect.
21. Entire Agreement
These Terms, our Privacy Policy, and any order confirmation constitute the final and complete agreement between you and Nelo on the matters contained herein.