Conditions of Use

n5MD and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Privacy
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Electronic Communications
When you visit n5MD.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and all download-able or purchased products, are the property of n5MD or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of n5MD, and is protected by U.S. and international copyright laws. The downloading of a track or album from n5MD is considered an acceptance of the terms of this agreement. You are authorized to use n5MD digitally distributed products only for personal, noncommercial use.

You shall be entitled use Music solely for personal, noncommercial use. All artwork contained is solely for personal use. Resale of any n5MD digitally distributed products is strictly prohibited. The delivery of any music free or otherwise does not transfer to you any commercial or promotional use rights to the products herein. Renaming, reencoding, reID3ing or misrepresenting the content of the music contained within is strictly prohibited.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with n5MD digitally distributed products. You may not play and then re-digitize any n5MD digitally distributed products. You may not create any "derivative works" by altering any of its content. You may not use n5MD digitally distributed products in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD N5MD DIGITALLY DISTRIBUTED CONTENT TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of n5MD digitally distributed products to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

Trademarks
n5MD's trademarks and trade dress may not be used in connection with any product or service that is not n5MD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits n5MD. All other trademarks not owned by n5MD or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by n5MD or its subsidiaries.

License and Site Access
n5MD grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of n5MD. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of n5MD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of n5MD and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing n5MD name or trademarks without the express written consent of n5MD. Any unauthorized use terminates the permission or license granted by n5MD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of n5MD so long as the link does not portray n5MD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any n5MD logo or other proprietary graphic or trademark as part of the link without express written permission.

Product Descriptions
n5MD and its associates attempt to be as accurate as possible. However, n5MD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by n5MD itself is not as described, your sole remedy is to return it in unused condition.

Disclaimer of Warranties and Limitation of Liability (here's the part where we yell at you...)
THIS SITE IS PROVIDED BY n5MD ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. n5MD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, n5MD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. n5MD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM n5MD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. n5MD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

(yelling over... that was like the end of willy wonka huh?)

Applicable Law
By visiting n5MD, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and n5MD or its associates.

Disputes
Any dispute relating in any way to your visit to n5MD or to products you purchase through n5MD shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate n5MD intellectual property rights, n5MD may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability
Please review our other policies, such as our Privacy policy (below). These policies also govern your visit to n5MD. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.