Use of the website operated by Nollege FBGM, LLC at nollegetx.com any related apps that nollege may provide, together with all products and services nollege may offer from time to time via nollege’s website and/or related apps, nollege’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with nollege (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”).
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give nollege rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
Nollege reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST NOLLEGE IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to These Terms and Conditions
Nollege reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
Nollege endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, nollege does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. nollege reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing and Payment
The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.
All orders placed by you are subject to acceptance by nollege and all items are subject to availability.
Acknowledgement of your order means that nollege has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. nollege may in its discretion require additional verification or information before accepting any order.
Nollege reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.
Nollege will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, nollege will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if nollege determines that there were inaccuracies in the product information, nollege may cancel your order and notify you of such cancellation via email.
Risk of Loss
All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon nollege’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Shipping and Returns/Exchanges
Shipping. Once an order is placed it cannot be canceled.
For orders, please allow at least 1-2 business days for order processing and verification.
To protect our customers, nollege is unable to change/intercept the shipping address of a package to alter its delivery, and nollege will only ship to the address provided at checkout, which must match the billing address. However, you can schedule a pick up at a UPS location or reschedule a delivery date via the UPS My Choice service.
Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed.
We are unable to combine shipping on multiple orders.
Lost or Stolen Package
As noted above, nollege is not responsible for any lost or stolen shipments. However, if your package does not arrive, please contact firstname.lastname@example.org to initiate a UPS Claim.
Lost/Non-Issued Original Packaging Contents
Nollege is not held responsible for any missing accessories within a footwear product which are to be provided by the original manufacturer, such as but not limited to: spare shoelaces, original tissue paper, hangtags, deubré, shoe trees/horns, etc. nollege is not responsible for issues relating to original footwear boxes delivered with slight and/or significant imperfections. We do not provide any form of reimbursement for this matter. Should your purchase not contain such item(s), please contact the manufacturer of the footwear product for further support on your query.
We do not accept returns or exchanges at all; all sales are final. Most of our inventory is on consignment, meaning we sell items for many individual sellers/consignors. These consignors are paid out shortly after their item(s) sell. Because of this, we are firm on our return policy.
License for Personal Use
Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with nollege, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to nollege.
In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.
You may include a link to the nollege website on one or more other websites operated by you, provided such websites link to the home page (https://nollegetx.com) only and you are not linking from any site or service that violates any of the below “Restrictions on Use” or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of nollege or any person or entity. Linking to other content within the Services is prohibited without nollege’s prior express written consent. This limited license expressly prohibits the framing of nollege content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.
Restrictions on Use
You agree that you shall not:
(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;
(b) “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;
(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;
(d) Take any action that imposes an unreasonable or disproportionately large load on the Services;
(e) Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or
(f) otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to nollege or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).
FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE OR WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS.
THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, NOLLEGE CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND NOLLEGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NOLLEGE, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF NOLLEGE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL NOLLEGE, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOLLEGE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF NOLLEGE’s PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
To the extent permitted by applicable law, you agree to indemnify and hold nollege, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to nollege; or (d) your violation of any rights of any third party.
While nollege appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and nollege.
Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any “Live Chat” functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Statement.
You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of nollege to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and nollege with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and nollege with respect to such subject matter.
Amendments and Modifications to the Services
Nollege reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. Nollege also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. NOLLEGE’S shall in no way be held liable for any consequence which results from NOLLEGE’S decision to modify or discontinue providing the Services or any content or functionality thereof.
You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Nollege expressly reserves the right to monitor any and all use of the Services. Nollege also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. Nollege’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of Nollege’s legal rights.
These Terms and Conditions constitute the entire agreement between you and nollege with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.
Questions regarding these Terms and Conditions should be directed to:
Attn: Customer Service
3406 Main St.
Dallas, TX 75226