1.1 Company details. Strobe LLC (we and us), is a company registered in Wyoming and our registered office is at 312 W 2nd St Unit A2008 Casper, WY 82601-2412.
1.2 Site. https://nookmart.com (Site) is a site operated by us.
2.1 By using our Site, you confirm that you accept these terms and that you agree to comply with them.
2.2 If you do not agree to these terms, you must not use our site.
2.3 We recommend that you print a copy of these terms for future reference.
3. Acceptance of Additional Terms
3.1 Our contract with you. These terms of use refer to the following additional terms, which also apply to your use of our Site: Privacy Policy.
3.2 Our contract. These terms and conditions (Terms) apply to the order by you and supply of delivery by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
3.3 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.4 Language. These Terms and the Contract are made only in the English language.
3.5 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
4. Placing an Order and Order Acceptance
4.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the delivery specified in the order (Delivery) subject to these Terms.
4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3 Accepting your order. Our acceptance of your order takes place when payment is received, at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the confirmation email. We reserve the right to deny orders and payments deemed suspicious. All sales are final.
5. Return and Refund
5.1 You are only entitled to a refund if our Delivery was not accurate. This refund will be processed through the payment method used in the original purchase.
5.2 Failure to follow alternative payment directions entitles you to a refund, minus any fees we incur in the refund process.
6. Our Liability
6.1 The Site and services are provided to you on an "as-is" basis. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose and noninfringement.
6.2 Subject to clause 12.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
6.3 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Delivery.
6.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Delivery. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the the Delivery is suitable for your purposes.
7. Site Terms of Use Modifications
7.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
8. Revisions and Errata
8.1 We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
9. Site Suspension and Withdrawal
9.1 Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
10. Site Links
10.1 We are not responsible for websites we link to. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
11. Site Errors and Viruses
10.1 We do not guarantee that our Site will be secure or free from errors, bugs or viruses and we exclude all liability in relation to these matters. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
12. General
12.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
12.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
12.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
12.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 Thirdy party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
12.6 Governing law and jurisdiction. This Contract is governed by Wyoming law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Wyoming courts.
