Conditions of Use
Last updated: November 30, 2017
Welcome to mydocky.com. NuVista Ventures (“NuVista”) provide website features and other products and services to you when you visit or shop at any NuVista website, use NuVista products or services, use NuVista mobile applications for, or use the website provided by NuVista in connection with any of the foregoing (collectively, “NuVista Services”). NuVista provides the NuVista Services subject to the following conditions.
By using NuVista Services, you agree to these conditions. Please read them carefully.
We offer a wide range of NuVista Services, and sometimes additional terms may apply. When you use an NuVista Service you also will be subject to the guidelines, terms and agreements applicable to that NuVista Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any NuVista Service, 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 or through the other NuVista Services. 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.
All content included in or made available through any NuVista Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of NuVista or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any NuVista Service is the exclusive property of NuVista and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any NuVista Service are trademarks or trade dress of NuVista in the U.S. and other countries. NuVista’ trademarks and trade dress may not be used in connection with any product or service that is not NuVista’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NuVista. All other trademarks not owned by NuVista that appear in any NuVista Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NuVista.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, NuVista or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the NuVista Services. This license does not include any resale or commercial use of any NuVista Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any NuVista Service 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.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by NuVista or its licensors, suppliers, publishers, rights-holders, or other content providers. No NuVista Service, nor any part of any NuVista Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NuVista. 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 NuVista without express written consent. You may not use any meta tags or any other “hidden text” utilizing NuVista’ name or trademarks without the express written consent of NuVista. You may not misuse the NuVista Services. You may use the NuVista Services only as permitted by law. The licenses granted by NuVista terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any NuVista Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NuVista does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the NuVista Services only with involvement of a parent or guardian. Alcohol listings on NuVista are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. NuVista reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NuVista reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant NuVista a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NuVista and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NuVista for all claims resulting from content you supply. NuVista has the right but not the obligation to monitor and edit or remove any activity or content. NuVista takes no responsibility and assumes no liability for any content posted by you or any third party.
NuVista respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from NuVista are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
NuVista does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, NuVista does not take title to the refunded item.
NuVista attempts to be as accurate as possible. However, NuVista does not warrant that product descriptions or other content of any NuVista Service is accurate, complete, reliable, current, or error-free. If a product offered by NuVista itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any NuVista Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set or in multiple quantities, the List Price or Suggested Price may represent the aggregate of the NuVista’ estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
NUVISTA SOFTWARE/APPLICATIONS TERMS
In addition to these Conditions of Use, the terms found here apply to any Software or Applications (“Apps”), including any updates or upgrades to the Software or Applications and any related documentation, that we make available to you from time to time for your use in connection with NuVista Services.
NuVista may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. NuVista does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NUVISTA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVISTA SERVICES ARE PROVIDED BY NUVISTA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUVISTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NUVISTA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVISTA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NUVISTA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUVISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUVISTA DOES NOT WARRANT THAT THE NUVISTA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVISTA SERVICES, NUVISTA SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NUVISTA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUVISTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NUVISTA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NUVISTA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any NuVista Service, or to any products or services sold or distributed by NuVista or through NuVista.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, NuVista will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any NuVista Service, you agree that the applicable laws of the State of Wyoming and the United States, 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 NuVista.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of NuVista Services. We reserve the right to make changes to our site, policies, Service Terms, 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.
2123 Pioneer Ave
Cheyenne, WY 82001
How to Serve a Subpoena
If you have a subpoena to serve on NuVista, please note that NuVista does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on NuVista, preferably by mailing the subpoena to our registered agent.
NuVista’ registered agent and address is as follows:
P.O. Box 13092
Tucson, AZ 85732
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NuVista’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Legal Department
2123 Pioneer Ave
Cheyenne, WY 82001
Please note that this procedure is exclusively for notifying NuVista that your copyrighted material has been infringed.