Legal Information
Terms of Service
PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER.
OVERVIEW
This website is operated by NULASTIN INC. Throughout the site, the terms “we”, “us” and “our” refer to NULASTIN INC. NULASTIN INC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, you may not access the website or use our Service and must exit the website immediately.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. UNAUTHORIZED RESELLER: YOU MAY NOT RESELL THE PRODUCTS IN WHOLE OR IN PART TO ANY THIRD PARTY UNLESS YOU HAVE ENTERED INTO A RESELLER AGREEMENT WITH US.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and have authority to agree to these Terms on your own behalf and on behalf of any entity on whose behalf you are using or accessing the website, and that all information provided by you is accurate.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products orService that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: 1. to maintain any comments in confidence; 2. to pay compensation for any comments; or 3. to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: a. for any unlawful purpose; b. to solicit others to perform or participate in any unlawful acts; c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f. to submit false or misleading information; g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; h. to collect or track the personal information of others; i. to spam, phish, pharm, pretext, spider, crawl, or scrape; j. for any obscene or immoral purpose; or k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE. WE DISCLAIM ALL WARRANTIES, INCLUDING AN IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
In no case shall NULASTIN INC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF NULASTIN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE NO GREATER THAN THE AMOUNT PAID TO NULASTIN BY YOU OVER THE PAST SIX MONTHS.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NULASTIN INC., and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of a. your breach of these Terms of Service, b. your violation of any law or regulation, or c. your violation of any rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the website and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Colorado without giving effect to any choice or conflict or law provision or rule. Any action brought against NULASTIN shall be subject to the exclusive jurisdiction of the state and federal courts located in Boulder County, Colorado.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We offer a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other Terms of Service or the Privacy Policy that may govern the relationship between you and us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Program Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to the Program Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we will have no liability for not honoring such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Nulastin products. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at customercare@nulastin.com. Please note that the use of this email address is not an acceptable method of opting out of the Program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
SECTION 20 – DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.
In the event that there is a dispute, claim, or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript, arising out of or relating to federal or state statutory claims, common law claims, these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, resolved through the following dispute resolution process:
A. Informal Dispute Resolution.
Before initiating arbitration, you and we agree to first attempt to resolve any dispute informally. To initiate this process, the complaining party must send a written notice that includes the party’s full name, contact information, the nature and basis of the claim, and the relief sought, to the other party. Notices to us must be sent to policy@nulsatin.com. If the dispute is not resolved within sixty (60) days of receipt of the notice, either party may proceed to file a demand for arbitration.
B. Individual Arbitration Only.
All claims will be resolved by binding arbitration on an individual basis only in Boulder, Colorado, before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures then in effect. The arbitrator shall apply the substantive laws of the Tenth Circuit Court of Appeals, without regard to conflict of laws rules. The arbitration shall be governed by the Federal Arbitration Act.
C. No Class or Mass Arbitration.
You and we agree that any arbitration shall be conducted solely in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.
If 25 or more claimants submit Notices of Dispute raising similar claims and are represented by the same or coordinated counsel, those claims shall be subject to the “Mass Filing Process” as defined by the JAMS Mass Arbitration Procedures (or similar process if updated). The parties agree to cooperate in good faith with JAMS to implement that process, including a staged bellwether process to resolve a small number of cases first. Arbitration fees for any remaining cases shall be staged and may be stayed pending the outcomes of initial cases. This paragraph is intended to prevent inefficient and abusive mass arbitration filings that unfairly increase costs for both sides.
D. Arbitration Procedure.
Within ten (10) calendar days after the arbitration demand is served upon a party, the parties shall jointly select an arbitrator with at least five years’ experience and subject matter knowledge. If not agreed, JAMS shall appoint the arbitrator. The arbitrator’s decision shall be final and binding, with limited appeal rights under Section 10 of the FAA. Each party shall bear its share of arbitration fees, provided that the arbitrator may award fees consistent with applicable law or contract.
E. Remedies and Confidentiality.
The arbitrator may award any relief permitted under applicable law but shall not award punitive or exemplary damages, and the parties waive any right to seek them. The arbitration and all related proceedings shall be confidential unless disclosure is required by law or necessary to enforce a legal right.
F. Jury Trial Waiver.
If any dispute proceeds in court rather than arbitration, each party waives any right to a jury trial.
G. Severability.
If any portion of this Section is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
H. Opt-Out Right.
You may opt out of this arbitration agreement only by submitting a written opt-out request via certified U.S. mail to Nulastin Legal Department, 1200 Pearl Street, Suite 314, Boulder, CO 80302, postmarked within thirty (30) days of your first use of the site or services.
Your opt-out request must include:
(1) your full name,
(2) your mailing address,
(3) the email address associated with your account or transaction, and
(4) a clear statement that you wish to opt out of this arbitration agreement.
This is the only method by which you may opt out. Email or other forms of notice will not be accepted. If you opt out, neither you nor the Company will be bound by the arbitration agreement, but all other provisions of the Terms of Service will remain in effect.
If you do not comply with these opt-out requirements within the 30-day period, you will be deemed to have knowingly and intentionally agreed to the terms of this arbitration agreement.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at policy@nulastin.com.
Try before you buy
When you purchase a “try before you buy” item, we authorize your payment method before fulfilling the order. You will have a certain amount of time to decide if you want to keep the item. Once the time period has passed, if you have not returned the item, we will charge your payment method for the full amount.
Limited Time Promotions
*Spend $100 or more and get a free gift or spend $125 or more and get up to two free gifts at nulastin.com, excluding any taxes, shipping, or delivery charges. No code is required. The gift with purchase will be valid from July 1, 2025 at 12:01 AM MT through July 31, 2025 at 11:59 PM MT or while supplies last. Exclusions apply. Cannot be applied to previous purchases or combined with other discounts. Additional exclusions may apply.