TERMS OF USE

Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Neal Berman Co. and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
  • You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure. nealberman.com is equipped with an EV SSL, encrypting all of your information with the highest level of security available. When you see the green bar and lock pad next to the URL, you can be sure you’re protected.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Wallet, cashback, and In Store Credit-

You must have an account to be eligible to use you NBCO store credit and access the Wallet feature. Your wallet is your form of in store credit and it is also known as cashback. You receive cashback in your wallet upon logged in purchases or you may choose to topup/ add money to your account by crediting it from one of our accepted payment methods. If logged in, you may choose to use your wallet balance as an accepted payment method when checking out. You may access your wallet or even send money to another user who also has an account with nealberman.com by going to your My Account page and clicking the Wallet tab. If you received cashback from an order and successfully return that order, then the cashback that you originally received back from that order will be deducted from your account. Cashback is only credited to your wallet for purchases made without using wallet credit.

Product Reviews

If you are signed in to an active account you will be able to post reviews on products. It is not necessary for you to have purchased a product in order to review it, however all reviews are processed first before being published live to nealberman.com. If your product review has vulgar language, too much irrelevant information, or is considered spam, then it will not be published. You’ll have the option to edit your reviews, although edits are processed as well before they are published live. Neal Berman Co. reserves the right to delete or refuse to post any product review on nealberman.com. All users of nealberman.com are able to designate published reviews as “helpful” or “not helpful”. Although such posting is also processed and published at the discretion of Neal Berman Co.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate the Agreement or your Neal Berman Co. account, you may simply discontinue using our Services.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Services Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Neal Berman Co. and its suppliers and licensors may disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Neal Berman Co. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of The United States of America.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in The United States of America.

Placing Orders On nealberman.com

Eligibility To Order

To place an order on nealberman.com, you must be of legal age in your country and a consumer – not a reseller. 

No Purchase For Resale

nealberman.com is intended solely for Neal Berman Co. to sell Neal Berman Co. products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Neal Berman Co. product by someone who resells, or intends to resell, the Neal Berman Co. product to others (consumers, businesses or any third party).  If Neal Berman Co. believes you are involved in purchase for resale, Neal Berman Co. reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.  

How To Order

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping bag and submitting your order. 

When you submit an order we will send you an email acknowledging receipt of your order.  Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms and Conditions, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and Conditions and the relevant Order Confirmation for future reference.  If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. 

Our Right To Reject Your Order Or Cancel A Contract

Fulfillment of all orders on nealberman.com are subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • your bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we believe you are under the legal age in your country;
  • we believe that you are a reseller;
  • there was an error in the price displayed on nealberman.com;
  • we could not deliver to the address provided by you;
  • due to a processing error with our manufacturer or payment platform;
  • due to events outside of our control (see Events Outside of Our Control section below)
  • in the event of misspelling, pricing or other errors or mistakes in the product description information.

Title Transfer & Risk of Loss

With the exception of products purchased offline, the title and risk of loss for any product(s) purchased from Neal Berman Co. pass to you upon our delivery to the carrier.  Title and risk of loss for any product(s) will not transfer until your full payment has been received and your authorized purchase receipt has been issued. 

Events Outside Our Control

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:

a)     We will contact you as soon as reasonably possible to notify you; and

b)     Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.

Prices and payment methods

Payment Methods

You can find the available payment methods supported for each country by clicking the following links to PayPal  Braintree or Amazon. We only process payments through PayPal, Braintree, or Amazon. You may pay with your wallet at checkout but may only credit your account yourself through the supposed payment methods. However, you can receive store credit in your Wallet account and use it towards making purchases. We cannot accept any payment method at this time. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. 

Payment Processing

We start creating the products you order on nealberman.com as soon as receive your order confirmation email. If you pay by credit/debit card through either PayPal, Braintree, or Amazon, the cost of your purchase will be deducted from your account as soon as your order is processed. If you pay by the Wallet feature, the amount or partial amount paid will be deducted from you account as soon as your order is processed. 

Canceling Orders Place By Mistake

If you placed an order by mistake, please contact support@nealberman.com immediately to request a cancelation and payment refund of the amount deducted during purchase. We will request that our manufacturer ceases production, although since all our products are made nearly right away, we can not guarantee that your order will be canceled and refunded. 

Prices and Currency

The product prices displayed on nealberman.com are inclusive of Value-Added Tax (VAT), as applicable. Standard Shipping rates within the USA are also included in the product prices. For orders being sent outside the USA shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the Shipping Information section below.

Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing. 

Your Total Price

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency. 

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control. 

Price Changes

The prices of the products will be as displayed on the nealberman.com. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:

Notice of Infringement – Claim

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
  4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
  5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

  1. Your physical or electronic signature.
  2. A description of the material that has been taken down and the original location of the material before it was taken down.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
  5. Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

Status of linking policy

nealberman.com welcomes links to this website made in accordance with the terms of this linking policy.

[By using this website you agree to be bound by the terms and conditions of this linking policy.]

Links to nealberman.com

Links pointing to nealberman.com should not be misleading.

Appropriate link text should be always be used.

[From time to time we may update the URL structure of our website, and unless we agree in writing otherwise, you are responsible for updating said links.] You must not use our logo to link to this website (or otherwise) without our express written permission.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

nealberman.com has no control over the contents of third party websites, and nealberman.com accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should we request the deletion of a link to nealberman.com that is within your control, you will delete the link promptly.

If you would like us to remove a link to your website that is included on nealberman.com, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

We may amend this linking policy at any time by publishing a new version on this

website.

Contact us

Should you have any questions about this linking policy, please contact us using the details set out below:

Contact Email: support@nealberman.com

All Rights Reserved.

Our Anti-Spam Policy

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

Neal Berman Co. has a zero-tolerance spam policy.

Automated spam filtering

nealberman.com’s messaging systems automatically scan all incoming email messages, and filter out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by nealberman.com’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from nealberman.com

In the unlikely event that you receive any message from nealberman.com or sent using nealberman.com’s systems that may be considered to be spam, please contact nealberman.com using the details below and the matter will be investigated.

Changes to this anti-spam policy

nealberman.com may amend this anti-spam policy at any time by publishing a new version on this website.

Email Subscription/ Newsletter Disclaimer

If you choose to provide us with your email address or any other personally identifiable information, we will use it only to send you our newsletter or respond to your query.

If you choose to unsubscribe from the newsletters, you’ll stop receiving any newsletters.

Copyright

Neal Berman Co. reserves all copyrights on text or images on the newsletter. The text or images in the newsletter may not be copied or distributed without prior permission of Neal Berman Co.

If there is any approved use of content, the following conditions should be followed:

  • The source of copied material should be mentioned as Neal Berman Co.
  • This statement should appear on all forms of distribution.

E-Mail

You may choose to communicate with us via e-mail. However, in case you do so, you should note that the security of internet e-mail is unreliable. By sending confidential or sensitive e-mail messages which are unencrypted you accept the risks of such uncertainty and possible breach of confidentiality or privacy over the internet.

No Warranty

The information contained in this newsletter is provided by Neal Berman Co. as a service/promotion to its users, subscribers, customers and possible others. It does not contain (legal) advice. Although we try to provide quality information, we do not guarantee of results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance for a particular purpose.

No Liability

In no way is Neal Berman Co. liable to users or any other party for any damages, costs of any character including but not limited to direct or indirect, consequential, incidental or other costs or damages, via the use of the information contained in the newsletters.

Changes to our subscription policy

We may make changes to this information at any time without prior notice. We make no commitment to update the information contained in this newsletter.

Changes to our Term of Use

Neal Berman Co. reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.

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