1. OVERVIEW

Welcome! Please read these Terms of Use carefully. The following Terms of Use (this “Agreement”) constitute a binding agreement between Time-1-less LLC DBA Nirtue Labs (“Nirtue”) and you with regards to all data, information, graphics, content, software’s, and other Nirtue products and services provided, facilitated or otherwise made accessible on the website located at www.nirtuelabs.com and dna.nirtuelabs.com (the “Site”) and/or associated website (e.g amazon.com) and associated services. In this Agreement, “we,” “us,” “our” and other similar references mean Nirtue and “you,” “your,” “user” and other similar references mean you, as a specific user of the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy, User Agreement, and Consent for Services herein. If you do not want to agree to the Terms of Use or the Privacy Policy, you should not and must not access or use the Site and any Nirtue products or services.

The Site MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS BELOW. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE or any Nirtue product or services BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. THE SITE IS OFFERED TO USERS WHO ARE 18 YEARS OF AGE AND OLDER AND NOT DIRECTED TO INDIVIDUALS UNDER THE AGE OF 18. By using the Site and any Nirtue products or services, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract with us.

2. LICENSE and Accessing the site

We may from time-to-time revise and update these Terms of Use in our sole discretion. All changes and updates are effective immediately when we post them and apply to all access to and use of the Site thereafter. You are expected to check the Terms of Service occasionally so you are aware of any changes, as they are binding on you. Your use of the Site means that you accept and agree to the Terms of Use.

We own and reserve the right to withdraw or amend the Site and service without limitation, the text, images, marks, templates, software, code, proprietary methods and systems (the “Content”) in our sole discretion without notice. We grant you access to a limited, non-exclusive, revocable, non-transferable right to access the Site and Content and use the services available on the Site; provided that such access and use must be consistent with the terms of this Agreement and the terms of any other services agreement between you and Time-1-less LLC DBA Nirtue Labs. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any length. We may restrict access to some parts of the Site or the entire Site whenever needed for updates and at our discretion. All information you provide on the Site must be correct, current and complete and not erroneous.

3. Intellectual Property Rights, OWNERSHIP; INFRINGEMENT

This Site and all its entire features, content, and functionality (including, but not limited to, all brands, information, text, displays, images, video and audio, design, selection and arrangement thereof), are ours, our licensors and are protected by United States and international copyright, trademark, trade secret, patents, and other intellectual property or proprietary rights laws. No title, right, or interest in or to the Site or any content on the Site ban be transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and violates copyright and trademark laws. Moreover, our name, logos, brands, and other trademarks are ours. All other names, brands, logos, product and service names, and designs appearing on the Site are the trademarks of other respective owners. You may not use such trademarks without our prior written permission sent via email on the Site. Our content may not be copied, modified, republished, reproduced, posted, sold, transmitted, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright information, notices, or restrictions contained in or attached to any of our Content and your use must at all times comply with any additional restrictions in any other services agreements you may enter into with Time-1-less LLC DBA Nirtue Labs.

Anyone or entity who or which believes that their intellectual property has been copied on the Site in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the person or entity claiming to be the owner of the property; (b) an identification and location on the Site of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Any notice regarding an alleged infringement should be directed to contact@nirtuelabs.com. These Terms of Use permit you to use the Site for your information, personal, non-commercial use only.

4. PRIVACY

Time-1-less LLC DBA Nirtue Labs Privacy Policy forms part of this Agreement and is incorporated herein by reference.

5. NO WARRANTY

Your use of this Site, access to information, and access to other websites and materials linked to the Site is done at your own risk. We do not represent, warrant or guarantee (a) the accuracy, reliability, completeness, adequacy or currency of the information contained in, provided by, or linked to on the Site, (b) that the Site will be error-free, free of viruses or other harmful components, (c) that known defects will be corrected, or (d) that the Site will always be accessible. We may make improvements and/or changes to the Site and its features, functionality or Content thereof at any time in our discretion. Time-1-less LLC DBA Nirtue Labs makes no representation that all services, products, and/or materials described on the Site, or the services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.

6. Outside and third-party CONTENT

Any content outside and third-party related content, messages and services can appear on the Site or may be accessible through links from the Site. Time-1-less LLC DBA Nirtue Labs is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from the Site. You acknowledge that the information and opinions in the third-party content are neither endorsed or controlled by, nor reflect the beliefs of, Time-1-less LLC DBA Nirtue Labs.

7. DISCLAIMER

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Time-1-less LLC DBA Nirtue Labs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, Time-1-less LLC DBA Nirtue Labs SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY THIRD PARTY WEBSITES (OR MOBILE APPLICATIONS, LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY ERRORS IN OR OMISSIONS THEREFROM, (B) THE UNAVAILABILITY OF THE SITE, OR ANY PORTION THEREOF, (C) YOUR USE OF THE SITE AND ANY SERVICES OFFERED ON THE SITE (D) ANY USER SUBMISSIONS, AND (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE. Time-1-less LLC DBA Nirtue Labs FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF ANY DATA STORED ON OR BY MEANS OF THE SITE, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES AS A RESULT OF THE LOSS OF DATA OR ANY OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. Time-1-less LLC DBA Nirtue Labs MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS AND FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, ERROR- OR DELAY-FREE, SECURE, OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Time-1-less LLC DBA Nirtue Labs OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN Time-1-less LLC DBA Nirtue Labs SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

8. LIMITATION OF LIABILITY

WHENEVER DISSATISFIED WITH ANY PORTION OF THIS SITE OR ANY SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Time-1-less LLC DBA Nirtue Labs IS TO DISCONTINUE YOUR USE OF THE SITE. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Time-1-less LLC DBA Nirtue Labs AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR ANY SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND/OR EXPENSES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Time-1-less LLC DBA Nirtue Labs SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00. FURTHER, TIME-1-LESS LLC DBA NIRTUE LABS  SHALL NOT BE LIABLE IN ANY INSTANCE WHATSOEVER FOR ACTIONS BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND SOLICITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Time-1-less LLC DBA Nirtue Labs. Time-1-less LLC DBA Nirtue Labs WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS AND USE OF THE SITE AND ITS SERVICES WITHOUT SUCH LIMITATIONS.

yOUR (CUSTOMER) RESPONSIBILITY:

9. GOVERNING LAW

This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of utah applicable to agreements made and to be entirely performed within the State of UTAH (even if your use is outside of the State of UTAH), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state and federal courts located in SALT LAKE CITY, UTAH and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

10. AGREEMENT

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Time-1-less LLC DBA Nirtue Labs with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between Time-1-less LLC DBA Nirtue Labs and you regarding such subject matter. If any portion of this Agreement is adjudicated, MISSING, to be invalid, illegal or unenforceable, such provision will be deemed to be deleted, but the validity, legality, and enforceability of the remaining portions of this Agreement will not in any way be affected or impaired, and this Agreement will be enforceable as so modified. Failure of Time-1-less LLC DBA Nirtue Labs to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

Time-1-less LLC DBA Nirtue Labs has the unlimited right to terminate or limit your access to the Site at any time and for any reason and without notice. In the event of termination, you are no longer authorized to access or use the Site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive. YOU AGREE THAT Time-1-less LLC DBA Nirtue Labs WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS OR USE OF THE SITE OR SERVICES. In any event, all of Time-1-less LLC DBA Nirtue Labs rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of Time-1-less LLC DBA Nirtue Labs affiliates, and its affiliates’ directors, officers, employees, contractors, representatives, agents, licensees and licensors) shall survive any termination of this Agreement.

Time-1-less LLC DBA Nirtue Labs may assign this Agreement and/or its rights and/or obligations under this Agreement (in whole or in part) without restriction and without notice to you. This Agreement shall inure to the benefit of, and may be enforced by, Time-1-less LLC DBA Nirtue Labs respective permitted successors and assigns.

Time-1-less LLC DBA Nirtue Labs performance under this Agreement is subject to sTOPPAGE, interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. YOU AGREE TO FOLLOW ALL RETURN SHIPPING RULES AND REQUIREMENT BY POSTAL SERVICES INCLUDING WITHOUT LIMITATION ALL HAZARDOUS REQUIREMENT FOR ASBESTOS, MOLD, AND ANY OTHER LAB TEST.

Time-1-less LLC DBA Nirtue Labs will generally communicate with you by electronic means, such as e-mail. 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. You can contact US at CONTACT@NIRTUELABS.com.