Terms and Conditions
Introduction
Welcome to Nestplusnook.com (referred to as "we," "us," "our," or "the Company"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you may not access or use our website or services. We reserve the right to modify these Terms at any time, and such changes will be effective immediately upon posting. Your continued use of the website following the posting of changes indicates your acceptance of the revised Terms.
Use of the Website
You are granted a limited, revocable, non-exclusive, and non-transferable right to access and use our website for personal, non-commercial purposes. You agree not to engage in any activity that may disrupt or interfere with the functioning of the website, including but not limited to unauthorized access, data mining, or introducing harmful software. Any unauthorized use of the website or breach of these Terms will result in the termination of your rights to access and use the website.
Content Ownership and Intellectual Property
Some content on this website, including but not limited to text, graphics, logos, images, audio, video, software, and code ("Content"), is the property of Nest+Nook or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Content without prior written consent from us. You may use the Content solely for personal, non-commercial purposes, provided you do not alter or remove any copyright, trademark, or other proprietary notices.
Trademarks
All trademarks, service marks, trade names, and logos displayed on the website are the property of Nest+Nook or their respective owners. Nothing in these Terms grants you any license or right to use any trademarks, service marks, trade names, or logos without the prior written permission of the respective owner.
Product Descriptions and Availability
We strive to provide accurate and up-to-date descriptions of our products and services. However, we do not warrant that product descriptions, pricing, or other content on the website are error-free, complete, or current. If a product offered by us is not as described, your sole remedy is to return it in accordance with our Return Policy. We reserve the right to limit the availability of products, discontinue any product, or refuse any order at our sole discretion.
Pricing, Errors, and Payment
All prices are listed in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling fees. We reserve the right to correct pricing errors or inaccuracies and to cancel orders resulting from such errors. Payment must be made at the time of purchase through the methods specified on our website. You represent and warrant that you have the legal right to use any payment method you provide.
Quantity Limits and Items for Resale
Nestplusnook.com reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers.
Order Acceptance and Cancellation
We reserve the right to accept or reject any order for any reason, including but not limited to product availability, errors in product information or pricing, or issues related to payment verification. If we cancel an order after payment has been processed, we will issue a refund for the amount charged. You will be notified promptly of any cancellations or additional information required to process your order.
Limitation of Liability
NESTPLUSNOOK.COM AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NESTPLUSNOOK.COM AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Further, the sole and entire maximum liability of Nestplusnook.com and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from this site.
BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Nestplusnook.com and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorney’s fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
Prohibited Conduct
Third-Party Links and Content
The website may contain links to third-party websites or services. These links are provided for your convenience, and we do not endorse or assume any responsibility for the content, products, or services offered by third parties. Your interactions with third-party websites are governed by their respective terms and policies.
Termination
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by Nestplusnook.com for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Nestplusnook.com and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Nestplusnook.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Nestplusnook.com also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in our sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Nestplusnook.com or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that Nestplusnook.com may terminate or suspend your access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Nestplusnook.com or its affiliates.
Indemnification
You agree to indemnify and hold harmless Nest+Nook and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the website, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts located in Pennsylvania, United States of America.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Nest+Nook regarding your use of the website and supersede all prior and contemporaneous agreements, understandings, representations, and warranties.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page, and the "Effective Date" at the top of the document will be updated. Your continued use of the website following the posting of changes constitutes your acceptance of the revised Terms.
Miscellaneous/Applicable Law/Jurisdiction
The failure of Nestplusnook.com or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Nestplusnook.com agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.
Contact Information
For questions or concerns regarding these Terms, please contact us at:
Nest+Nook
Email: support@nestplusnook.com
Phone: (917) 652-6738
