TERMS OF SERVICE AGREEMENT

INITIAL REVISION: July 11, 2021

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, www.PettyNugget.com (the "Website"), PettyNugget, LLC ("Business Name") offers products for purchase, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. PettyNugget, LLC reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. PettyNugget encourages you to visit the website frequently to view any changes or revisions that have been made, as indicated by the date it was last revised on the top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. PettyNugget, LLC encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of this Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with PettyNugget, LLC for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: "Client," “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company," “Ourselves,” “We,” and "Us" refers to our Company. “Party,” “Parties,” or “Us” refers to both Client and ourselves, or either Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means for the express purpose of meeting Client’s needs in respect of provision of Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

I. PRODUCTS

Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. 

Customer Solicitation: Unless you notify our third party call center reps or direct PettyNugget, LLC sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations by PettyNugget, LLC and its designated in house or third party call team(s).

Opt Out Procedure: We provide three easy ways to opt out of from future solicitations. 

  1. You may use the opt out link found in any email solicitation that you may receive. 
  2. You may also choose to opt out, via sending your email address to the “Contact Us” on our webpage.
  3. You may send a written removal request to PettyNugget, LLC, 1701 E. Atlantic Blvd., Suite 6, Pompano Beach, FL 33060. 

    Proprietary Rights. PettyNugget, LLC has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by PettyNugget, LLC. PettyNugget, LLC also has rights to all trademarks and trade dress, and specific layouts of this webpage, including calls to action, text placement, images, and other information.

    Sales Tax. If you purchase any Products, applicable sales tax will be collected as required.

    II. WEBSITE

    The use of this website is subject to the following general terms of use:

    • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
    • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, we may store the following personal information for use by third parties: customer name, contact information, and shipping/billing information.
    • Neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
    • This website contains material that is owned by, or licensed to us.  This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
    • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
    • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
    • From time to time, this website may also include links to other websites.  These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).
    • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Florida in the United States.

    Further details on these general terms, and other terms of use for the website, follow:

    Content; Intellectual Property; Third Party Links.  In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. PettyNugget, LLC does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that PettyNugget, LLC does create the content on this Website, such content is protected by intellectual property laws of the United States, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience. PettyNugget, LLC does not endorse the contents on any such third-party websites. PettyNugget, LLC is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

    Use of Website.  PettyNugget, LLC is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail, or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

    License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website.  You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from PettyNugget, LLC or the applicable third party (if third party content is at issue).  

    Note that Copyright and other relevant intellectual property rights exists on all text relating to Company’s services and the full content of this website.   PettyNugget and the PettyNugget Girl logo are PettyNugget, LLC registered trademarks.  The Products being sold on this website are also in the process of being patented (Patents Pending).

    Posting. By posting, storing, or transmitting any content on the Website, you hereby grant PettyNugget, LLC a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. PettyNugget, LLC does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. PettyNugget, LLC is not liable for any damage or harm resulting from any posts by or interactions between users. PettyNugget, LLC reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content PettyNugget, LLC deems objectionable.

    Links to this website.  You may not create a link to any page of this website without prior written consent by PettyNugget, LLC. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

    Links from this website.  PettyNugget, LLC does not monitor or review the content of other party’s websites that are linked to from this website.  Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.  Please be aware that we are not responsible for the privacy practices, or content of these sites. PettyNugget, LLC encourages our users to be aware when they leave our site to read the privacy statements of these other sites.  You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. PettyNugget, LLC will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

    III. DISCLAIMER OF WARRANTIES

    YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETTYNUGGET, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETTYNUGGET, LLC MAKES NO WARRANTY:

    • THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    • THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 
    • AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 
    • REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    IV. PAYMENT

    Cash or Personal Checks and all major Credit/Debit Cards are acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the PettyNugget, LLC until paid for in full.  Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing 1-year treasury yield on the outstanding balance until such time the balance is paid in full and final settlement. PettyNugget, LLC reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1,000.  In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

    Returned checks will incur a $50 charge to cover banking fees and administrative costs.  In an instance of a second returned check, PettyNugget, LLC reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until all outstanding monies are recovered in full.   

    V. CANCELLATION POLICY

      Minimum 24-hour’s notice of cancellation is required.  Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.  We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.

      VI. RETURN & REFUND POLICY

        Thanks for shopping at PettyNugget, LLC.  If you are not entirely satisfied with your purchase, we're here to help.

        Returns

        You have 14 calendar days to return an item from the date you received it.  To be eligible for a return, your item must be:

        • Unused and in the same condition that you received it. 
        • Must be in the original packaging.
        • Needs to have the receipt or proof of purchase.

        Refunds

        Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.  

        If your return is approved, we will initiate a refund to your credit card (or original method of payment).

        You will receive the credit within a certain amount of days, depending on your card issuer's policies.

        Shipping

        You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable.

        If you receive a refund, the cost of return shipping will be deducted from your refund.

        Contact Us

        If you have any questions on how to return your item to us, contact us.

        VII. LIMITATION OF LIABILITY

        PETTYNUGGET, LLC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

        PETTYNUGGET, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

        SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

        VIII. INDEMNIFICATION

        You will release, indemnify, defend, and hold harmless PettyNugget, LLC, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to PettyNugget, LLC. When PettyNugget, LLC is threatened with suit or sued by a third party, PettyNugget, LLC may seek written assurances from you concerning your promise to indemnify PettyNugget, LLC; your failure to provide such assurances may be considered by PettyNugget, LLC to be a material breach of this Agreement. PettyNugget, LLC will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of PettyNugget, LLC’s choice at its expense. PettyNugget, LLC will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend PettyNugget, LLC against any claim, but you must receive PettyNugget, LLC’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

        IX. PRIVACY 

        PettyNugget, LLC believes strongly in protecting user privacy and providing you with notice of our fulfillment agent(s) use of data.  We are committed to protecting your privacy.  Authorized employees within the company, on a need to know basis only, may use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. 

        We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

        Like most interactive web sites, this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. 

        We will not sell, share, rent your personal information to any third party, or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.  Please see our Privacy Policy for Additional Details.

        X. AGREEMENT TO BE BOUND

        By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

        XI. GENERAL

        Force Majeure.  PettyNugget, LLC will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

        Cessation of Operation.  PettyNugget, LLC may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

        Entire Agreement.  This Agreement comprises the entire agreement between you and PettyNugget, LLC and supersedes any prior agreements pertaining to the subject matter contained herein.

        Effect of Waiver.  The failure of PettyNugget, LLC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

        Governing Law; State of Florida in the United States.  This Website originates from Pompano Beach, FL. This Agreement will be governed by the laws of the State of Florida without regard to its conflict of law principles to the contrary. You nor PettyNugget, LLC will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Florida. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

        Statute of Limitation.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.

        Waiver of Class Action Rights.  BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

        Termination.  PettyNugget, LLC reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and PettyNugget, LLC may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, PettyNugget, LLC reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until PettyNugget, LLC chooses, in its sole discretion and without advance to you, to terminate it.

        Domestic Use. PettyNugget, LLC makes no representation that the Website or Products are appropriate or available for use in locations outside of the United States.  Users who access the Website from outside the United States do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

        Assignment.  You may not assign your rights and obligations under this Agreement to anyone. PettyNugget, LLC may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

        BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.