Nooks and Niches Terms & Conditions...
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please do not use this
site.
Copyright
The entire content included in this site, including but
not limited to text, graphics or code is copyrighted as a collective work under
the United States and other copyright laws, and is the property of Nooks and
Niches. The collective work includes works that are licensed to Nooks and Niches.
Copyright 2007, Nooks and Niches ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Nooks and Niches or purchasing Nooks and Niches
products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own non-commercial
use, or to place an order with Nooks and Niches or to purchase Nooks and Niches
products. Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by Nooks and Niches. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Nooks
and Niches used in the site are trademarks or registered trademarks of Nooks
and Niches.
Warranty Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, Nooks and Niches
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Nooks and Niches does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the site available
are free of viruses or other harmful components. Nooks and Niches does not make
any warrantees or representations regarding the use of the materials in this
site in terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
Limitation of Liability
Nooks and Niches shall not be liable for any special or
consequential damages that result from the use of, or the inability to use,
the materials on this site or the performance of the products, even if Nooks
and Niches has been advised of the possibility of such damages. Applicable law
may not allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Nooks and Niches product is mistakenly
listed at an incorrect price, Nooks and Niches reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price. Nooks
and Niches reserves the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is cancelled,
Nooks and Niches shall issue a credit to your credit card account in the amount
of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by Nooks and Niches
without notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
Nooks and Niches may deliver notice to you by means of
e-mail, a general notice on the site, or by other reliable method to the address
you have provided to Nooks and Niches.
Miscellaneous
Your use of this site shall be governed in all respects
by the laws of the state of Kansas, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Nooks and Niches products) shall be in the state
or federal courts located in Scott County, Kansas. Any cause of action or claim
you may have with respect to the site (including but not limited to the purchase
of Nooks and Niches products) must be commenced within one (1) year after the
claim or cause of action arises. Nooks and Niches's failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. Nooks and Niches may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including
via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Nooks and Niches or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through
the site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to solicit
others to join or become members of any other commercial online service or other
organization.
Participation Disclaimer
Nooks and Niches does not and cannot review all communications
and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Nooks and Niches is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Nooks and Niches
reserves the right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property right
of another or (d) offensive or otherwise unacceptable to Nooks and Niches in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Nooks
and Niches, its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
Nooks and Niches may link to sites operated by third parties. However, even
if the third party is affiliated with Nooks and Niches, Nooks and Niches has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of Nooks and Niches. These linked sites are
only for your convenience and therefore you access them at your own risk. Nonetheless,
Nooks and Niches seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
Other Policies and Information
When making purchases, you consent to our Returns Policy,
and agree to review it before ordering any product.
Please review our Privacy
Policy, Returns
Policy and Shipping Policy, which also govern your visit
to this Website.
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