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Terms and Conditions
Last Modified: June 28, 2023
Acceptance of Terms
Per your access and use of this website, NaughtyDelight.com (referred later on as "website"), you are agreeing to be bound by these terms and conditions of use. Any individual or entity that interacts with this website through a crawler, robot, web browser, data extraction tools, through a third-party, or any other means is considered to be using this website. If at any time you do not accept all of the Terms & Conditions stated on this page, you must immediately stop using this website. "Naughty Delight" is a registered trademark of NDX Corporation. This website is a property of NDX Corporation (referred later on as "corporation", d/b/a Naughty Delight) and these terms and conditions are applicable to our website as well as the corporation. As used in these terms and conditions, "our", "us", or "we" refers to NDX Corporation. PLEASE READ CAREFULLY AS THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Use of Website
We grant you a limited license to access our website and the content within for NONCOMMERCIAL use only. You may use, download, print, and copy content for personal, noncommercial use only, given that you do not modify any content in any way, delete, or change any copyright or trademark notice. Utilizing or accessing our website or its contents for commercial purposes is a violation of these terms and conditions. This website is intended to only be used by individuals age 18 or older. If you are under the age of 18, you may not use this website.
All the content on this website such as text, graphics, photos, descriptions, logos, videos, metadata, images, and other material (referred to later as "content") is owned, trademarked, or licensed by NDX Corporation or its suppliers, licensors, distributors, and vendors. All content is protected by copyright, trademark, patent, or other means of proprietary rights protection. NDX Corporation and its suppliers, licensors, distributors, and vendors expressly reserves all intellectual property rights in all content.
Unlawful and Prohibited Uses
By using our website, you agree that you will not use our website for any unlawful purpose or any prohibited reason as described by these Terms & Conditions, either on your own accord or on behalf of a third party. YOU MAY NOT:
- Use our website for commercial purposes or to extract its contents, including product listings, descriptions, images, prices, or metadata;
- make use of any content of the website or transmitting it for the benefit of any other merchant;
- use any technology to or attempt to reverse engineer, extract content, scrape, or data mine any of the website's content;
- frame, mirror, or replicate any content of our website without our express consent;
- take part in or attempt any fraudulent activity by use or on our website;
- remove any copyright, trademark, or notice from the website or any of the content;
- misrepresent your identity, impersonate any individual, or misrepresent your affiliation with any identify;
- attempt to circumvent the security of the website, including, but not limited to, trying to change behavior of the website, accessing data not intended for you, or reverse-engineer components;
- restrict the viewing of the website by others by, including but not limited to: hacking, flooding, denial-of-service attacks;
- change, translate, reverse-engineer, decompile, or disassemble any component or portion of the website
Errors, Inaccuracies, Availability
We strive to represent and describe each product accurately, unfortunately in rare occasions, a product may contain an error or inaccuracy in its description, price, availability, or other information; thus we are not able to guarantee the accuracy or completeness of any and all information related to a product. However, upon awareness of an inaccuracy, we will act as quickly as possible to verify, update, and correct any inaccurate information. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If a product is unavailable or if it's determined that there were inaccuracies in the product information, your order will be canceled with notification.
Title of Products Purchased
Unless otherwise noted, the risk of loss and title of products purchased on this website is passed to the purchaser upon delivery to the shipping courier.
Rewards Program Terms & Conditions
How to Earn
Our Rewards is a point-based rewards program. Points may be earned through various actions, including purchases and non-purchases. For every $1 spent on an order, 1 point is credited. For every review left of a verified purchased product from us, 20 points will be earned; maximum 60 points per day for product reviews.
When Points are Credited
Purchased-based points are credited once an order is shipped. For product reviews, points are earned once the review is moderated and accepted for publication. We reserve the right to not publish reviews found violating our terms & conditions. We do not reject reviews based on opinion; we value your true honest feedback on products we carry. Points earned expire 90 days from the day they are earned. To earn points, an account is required and you must be logged in at the time of purchase or submitting the review. Guest checkouts do not earn points.
How to Redeem
Points are redeemed as a discount towards an order. For every 20 points redeemed, you will earn a $1 discount towards an order. There is no maximum, an order may be fully discounted. Point redemption discounts can also be applied towards shipping costs. To redeem points, you must be logged into your account. Reward points may only be redeemed through online orders; they're not available to be applied on phone orders.
Reward Points have no monetary value and may not be used for any other purposes except for redeeming as a discount on an order with us. Rewards are not refundable for any monetary value.
Right to Modify
NDX Corporation reserves the right to adjust your point balance at any time due to technical or accounting errors, refunds or chargebacks processed, returned items, suspected fraud, or for any abuse of the rewards system as determined by us. We reserve the right to update and modify our Rewards Terms and Conditions at any time without prior notice; however, we will always make an attempt to communicate changes through our email newsletter when feasible. Earning and redeeming points will serve as an acceptance of these terms and conditions including any future modifications.
Product Reviews Terms & Conditions
The copyright of the contents of a product review are held by the original author. By submitting a product review, you are declaring that you are the original author and are granting us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, create derivative works, duplicate, reproduce, distribute, translate, adapt, display, modify, publish, transmit or utilize for public and commercial purposes any portion of your contributed content throughout the world in any media; including the right to use the name that you submit along with the content. You agree that you own and/or control all the rights to the content that you post and that it does not violate or cause injury to any individual or identity. You agree to indemnify NDX Corporation for all claims resulting in regards to the content you provide. We reserve the right to monitor, edit, or remove any content contributed. We take no responsibility or assume liability for any content contributed by you or any third-party. By visiting our website, any individual that is not the original author may not use, copy, create derivative works, duplicate, display, publish, transmit, or utilize any review content for any purpose without the express written permission from the original author or NDX Corporation.
We are not the manufacturer of the supplements found on this website. The supplements and claims made by their manufacturer and others have not been evaluated by NDX Corporation or the FDA. The supplements are not approved to diagnose, treat, cure, or prevent disease. The information provided on this website is for informational purposes only and is not intended as a substitute for advice from a medical professional. The manufacturer and distribution of herbal substances and dietary supplements is not regulated in the United States and no quality standards currently exist. Due to the unregulated nature of the herbal and dietary supplement industry, you should always consult a healthcare professional before starting any diet, exercise, supplement program, before taking any medication, or if you have or suspect you might have a health issue.
Disclaimers of Warranties
Although we strive to provide an exceptional shopping experience and environment, we do not represent, guarantee, or warrant that the website or its server will be free from unauthorized access, uninterrupted, or error-free. Additionally, THIS WEBSITE AND ITS CONTENT, PRODUCTS, SERVICES, AND USER GENERATED CONTENT ARE PROVIDED BY US ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMITTED BY LAW. CERTAIN MANUFACTURERS MAY PROVIDE THEIR OWN LIMITED WARRANTIES ON THEIR PRODUCTS, THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
WE DO NOT REPRESENT OR WARRANTY THAT NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION FOUND ON OUR WEBSITE IS ACCURATE OR COMPLETE GIVEN THAT THE INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURER OR SUPPLIER AND ON OCCASION THEY MAY MODIFY SAID PRODUCTS AND/OR UPDATE LABELS. IT IS RECOMMENDED TO NOT RELY SOLELY ON THE INFORMATION ON OUR WEBSITE BUT TO CONSULT THE PRODUCT'S LABEL.
Indemnification, Limitation of Liability
NDX Corporation or its employees, directors, officers, or agents may not be held liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website and/or any products received. This is a comprehensive limitation of liability that applies to all losses and damages of any kind. By your continued use of the website and acceptance of these terms & conditions, you acknowledge that your use of the website and the products found on this website are at your own sole risk. Additionally, you agree to defend, indemnify, and hold NDX Corporation, its officers, directors, and employees harmless and free from any and all claims, injuries, damages, investigations, inquiries, losses or suits including attorney fees, arising out of or resulting from the information you provide to us or the product and/or services you receive from us.
YOU AGREE THAT IN ANY EVENT OF A DISPUTE OR CLAIM (WHETHER IN TORT, CONTRACT, OR OTHERWISE ARISING OUT OF, RELATING TO, OR CONNECTION IN ANY WITH THE WEBSITE, PRODUCTS, BREACH ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, IT WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT, ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, HOWEVER SIMILAR DAMAGES AND RELIEF CAN BE AWARDED. IN LIEU OF ARBITRATION, EITHER YOU OR WE MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA SUBJECT TO JURISDICTIONAL AND MONETARY LIMITS IMPOSED BY THE COURT.
If you wish to pursue arbitration, you must first send a written notice (referred to later as "Notice"), by certified mail to NDX Corporation, 11844 Bandera Rd. #181, Helotes, TX 78023. The Notice sent must include the basis of the claim and the type of relief sought. If the parties of such claim can not find an agreement within thirty days from receipt of the Notice, either party may initiate arbitration. If we intend to seek arbitration, we will send notice to the billing address on your account and/or the billing address on the most recent order placed. The form to initiate arbitration is available on the American Arbitration Association ("AAA") website: www.adr.org. In addition to mailing the form to the AAA, the initiating party must mail a copy of the completed form to the opposing party. You may mail a copy of the AAA form to us at NDX Corporation, 11844 Bandera Rd. #181, Helotes, TX 78023. Arbitration will be conducted under the current rules of the AAA at the time of filing.
YOU AGREE THAT ALL MATTERS AND DISPUTES ARISING FROM USE OF THIS WEBSITE AND/OR RELATED TO THESE TERMS & CONDITIONS WILL BE GOVERENED BY THE LAWS OF THE FEDERAL ARBITRATION ACT ("FAA"), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF TEXAS. IN THE CASE OF A CLAIM NOT PROCEEDING THROUGH ARBITRATION, YOU AGREE THAT SUCH CLAIM OR DISPUTE (WITH EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY SUBMITTED IN A UNITED STATES OF AMERICA SMALL CLAIMS COURT) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF TEXAS AND THAT YOU SUBMIT TO ITS JURISDICTION. IF THE SUBJECT MATTER JURISDICTION DOES NOT APPLY TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF TEXAS, THEN THE EXCLUSIVE VENUE AND FORUM FOR SUCH CLAIM OR DISPUTE SHALL BE THE COURTS OF THE STATE OF TEXAS LOCATED IN BEXAR COUNTY, AND YOU SUBMIT TO THE JURISDICTION OF SUCH COURT. YOU WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. YOU AGREE THAT IN NO EVENT, UNLESS OTHERWISE PROHIBITED BY LAW, SHALL ATTORNEY FEES BE AWARDED OR RECOVERABLE BY YOU FOR CLAIMS OR DISPUTES BROUGHT OUT OF OR CONNECTED TO THIS WEBSITE AND/OR TERMS & CONDITIONS.
Right to Modify & Terminate
We reserve the right modify or discontinue any part of the website; without notice and at our discretion to terminate your account and/or block/prevent future access to the website if you violate these terms and conditions or for any other or no reason. We reserve the right to update these Terms & Conditions at any time without notice and such changes to be effective immediately upon them being posted to the website. Continued use of the website constitutes an agreement to the current Terms & Conditions. You should review the Terms & Conditions at each visit, the latest modification will be indicated by the "Last Modified" date found on this page.
Inclusion and Agreement of Terms
Our Contact Information
If you have any questions regarding this policy, agreement, the data we collect, or any other issues, you can mail us at:
11844 Bandera Rd. #181
Helotes, TX 78023
Ph: (210) 900-2614