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Returns & Shipping
We accept returns on full price merchandise requested within 5 days of product delivery for a full refund. We accept returns on sale & discounted merchandise purchased online and requested within 5 days of product delivery for store credit only. Please email customerservice@Nestinpg.com with your order # and return request. Items must be shipped back within 10 days of delivery. Shipping and return shipping costs are not refundable.
* WE ARE CURRENTLY OFFERING FREE SHIPPING ON ALL DOMESTIC ORDERS *
Flat rate international shipping is $30.
* WE ARE CURRENTLY OFFERING FREE SHIPPING ON ALL DOMESTIC ORDERS *
Flat rate international shipping is $30.
Terms of Service
TERMS OF SERVICE
Effective: April 28, 2020.
These Terms of Service (the “Terms of Service”) apply to your access, use or subscription of all websites (the “Sites”), services, mobile applications (“mobile apps”), software, content, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by Davis & Nygaard Entrprises, Inc. DBA Nest Boutique “we”, “our” or “us”). Users, customers, visitors, and others who download, access, use and/or subscribe to the Services (“you” and “your”) agree to the Terms of Service. In addition to the Terms of Service, your access to and use of the Services are governed by our Privacy Policy (the “Privacy Policy”) and any additional rules and/or terms identified or displayed on the Sites or in connection with a particular Service or feature. The Privacy Policy and any additional rules and terms constitute a part of the Terms of Service and are incorporated by reference herein.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE TERMS OF SERVICE. BY ACCESSING, BROWSING, INSTALLING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE SITES, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CAPITOL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
All of the Services are available only for individuals aged 18 years or older. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review the Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the Terms of Service. You agree to have your parent or guardian review and accept the Terms of Service on your behalf. If you are a parent or guardian agreeing to the Terms of Service for the benefit of anyone under 18, then you agree to and accept full responsibility for that person’s use of the Services, including all financial charges and legal liability that he or she may incur. If you are under 13 years of age, you are not authorized to use the Services.
MODIFICATION OF TERMS OF SERVICE AND/OR THE SERVICES
NEST BOUTIQUE reserves the right, in its sole discretion, to modify the Terms of Service at any time and without prior notice. If we amend the Terms of Service, we will update this posting on the Sites and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
NEST BOUTIQUE reserves the right to modify, discontinue or terminate any or all Services or stop offering and/or supporting the Services, including, but not limited to, content, hours of availability and equipment needed for access or use, at any time either permanently or temporarily, at which point your license to use the Services or any part of it will be automatically terminated or suspended. If that happens, NEST BOUTIQUE is not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Services.
YOUR ACCOUNT
In order to use certain features of the Services, you may have to register and create an account with NEST BOUTIQUE (your “Account”), and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account, including all financial charges and legal liability (except as to security breaches caused by NEST BOUTIQUE). NEST BOUTIQUE reserves the right to reject your application for an Account, or suspend or cancel your Account, at any time and shall incur no liability for such suspension or termination.
The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of the Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to the Terms of Service.
As the Account Owner, you are solely responsible for complying with the Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
By registering for your Account and provide your information to us, you hereby consent to us sending, and you receiving, by means of telephone, e-mail or SMS, communications containing content of a commercial nature relating to your use of the Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.
SERVICE RULES
You agree not to engage in any of the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and the Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of nest boutique; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.
We reserve the right to refuse our Services to anyone for any reason at any time. A breach or violation of any of the terms contained herein will result in an immediate termination of your access to our Services.
TERMS OF SALE
You understand that you are buying directly from an independent retailer. The items offered on the Services are listed and sold directly by nest boutique .By placing an order on NEST BOUTIQUE, you certify that you have read the item descriptions, returns and shipping policies before making the purchase and you have provided accurate shipping information. We are not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on our Services is at your own risk.
All orders are subject to availability and all prices advertised are subject to such changes. We reserve the right to refuse any order or other request made by you. You will receive a confirmation email from us if your order is accepted. A contract between us will not be formed until we send you such email confirmation.
Delivery costs will be charged in addition to the cost of the products. Such additional charges will be displayed in the retailer’s returns and shipping policies and displayed where applicable and included in the order confirmation. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. For return related issues, please review the returns and shipping policy applicable to such retailer.
While NEST BOUTIQUE tries to ensure that all details, descriptions and prices which appear on the Services are accurate, typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability may occur. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Sites, mobile apps 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 our Services or on any related website, including without limitation, pricing information, except as required by law.
If you chose to leave a review, you agree and acknowledge that you grant us the right to use the name that you submit with any review, comment, or User Content (as defined below) in connection with such review, comment and that your name, profile, review, comment and/or User Content will be publicly displayed on the Services. We may, but shall not be obligated to, remove or edit any review, comment or User Content for any reason. Your review and comment are subject to all applicable terms in this agreement. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on the Services. Additionally, Shilling, the fraudulent inflation of a user’s reputation through the use of a separate account, is not allowed.
BILLING AND PAYMENT
In order to make purchases on the Services or to offer and sell your products on the Services (a “Transaction”), you will need to supply billing information, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”) to us or to the payment processor retained by NEST BOUTIQUE (the “Payment Processor”). To help prevent fraud and safeguard against the risk of unauthorized access, we and/or the Payment Processor may validate an account before activation by placing a temporary charge on the payment account then refunding the amount. Further, upon receiving your order, we carry out a standard authorization check on your payment account to ensure there are sufficient funds to fulfil the Transaction.
By providing us with a payment method, you (a) represent that you are authorized to use the payment method that you provided and that the Payment Information you provide is true and accurate and (b) authorize us to charge you for the Transactions. If we make an error on your bill, you must tell us within 60 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 60 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of a Transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Payment processing services for NEST BOUTIQUE are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to use our Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of NEST BOUTIQUE enabling payment processing services through Stripe, you agree to provide NEST BOUTIQUE accurate and complete information about you and your business, and you authorize NEST BOUTIQUE to share it and transaction information related to your use of the payment processing services provided by Stripe.
LICENSE & INTELLECTUAL PROPERTY RIGHTS
NEST BOUTIQUE License
Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the :NEST BOUTIQUE Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of NEST BOUTIQUE or, as applicable, its licencors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the CAPITOL Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
USER CONTENT
“User Content” means data, text, graphics, photos, chats, general user data, including user log data and analytic data, and information or other materials that you post, upload, publish, submit or transmit to the Services. By making available any User Content through the Services, you hereby grant to NEST BOUTIQUE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Services. We do not claim any ownership rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. We take no responsibility and assume no liability for any comments posted by you or any third party. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If your User Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
You represent and warrant that all information you provide through the Services, and all User Content is truthful and accurate, and that you will notify us or otherwise update such information and User Content in the event of any misrepresentation or inaccuracy. You agree that you will not post any User Content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Terms of Service. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.
Following the termination or cancellation of your subscription to the Services and/or Account, we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is cancelled.
SOCIAL MEDIA SITES
As part of the functionality of our Services, you may link your Account with online accounts you may have with third party service providers, such as Facebook (a “Third Party Account”) by (i) providing your Third Party Account login information through our Services, or (ii) allowing NEST BOUTIQUE to access your Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to NEST BOUTIQUE and/or grant NEST BOUTIQUE access to your Third Party Account, without breach by you of any applicable terms and conditions and without obligating NEST BOUTIQUE to any liabilities. By linking the Third Party Accounts, you understand that (a) NEST BOUTIQUE may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, and (b) NEST BOUTIQUE may submit additional information to your Third Party Account. Subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on our Services. You will have the ability to disable the connection between your Account with us and your Third Party Accounts at any time. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS AND YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. CAPITOL makes no effort to review any content provided by Third Party Accounts and is not responsible for any such content.
THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on the Sites or mobile apps 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.
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.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITOL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,CAPITOL , ITS SUBSIDIARIES, AND ITS LICENCORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
NEST BOUTIQUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAPITOL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, AND NEST BOUTIQUE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL CAPITOL , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENCORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES AND (B) CAPITOL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL CAPITOL , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENCORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $1,000.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAPITOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless NEST BOUTIQUE and its subsidiaries, agents, licencors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any User Content or other data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (vi) allegations that any User Content was false or misleading.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify our Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit NEST BOUTIQUE to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
SEVER-ABILITY
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 enforce-ability of any other remaining provisions.
TERMINATION AND SURVIVAL
Subject to the terms of any applicable Customer Agreement, either party may terminate the Terms of Service for any or no cause, at any time. You may cancel the Services and delete your Account at any time by either using the features of the Services to do so (if applicable and available) or by written notice to info@nestinpg.com. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of the Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of the Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of our Services, 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 the Terms of Service shall not be construed against the drafting party. The headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect these terms.
ARBITRATION
Except if you opt-out or for disputes relating to your or NEST BOUTIQUE’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) (“Excluded Disputes”), you agree that all disputes between you and NEST BOUTIQUE (whether or not such dispute involves a third party) with regard to your relationship with NEST BOUTIQUE, including without limitation disputes related to the Terms of Service, your use of our Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and NEST BOUTIQUE hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.
Neither you nor NEST BOUTIQUE will participate in a class action or class-wide arbitration for any claims covered by the Terms of Service. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if NEST BOUTIQUE is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either NEST BOUTIQUE or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor NEST BOUTIQUE can require the other to participate in an arbitration proceeding. To opt out, you must notify NEST BOUTIQUE in writing within 30 days of the date that you first became subject to this arbitration provision by sending such written opt-out notice to 229 B Grand Ave Pacific Grove, CA 93950. You must include your name and residence address, the email address you use for NEST BOUTIQUE, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
This arbitration agreement will survive the termination of your relationship with NEST BOUTIQUE. You agree that any claim you may have arising out of or related to your relationship with NEST BOUTIQUE must be filed within one year after such claim aroseÍľ otherwise, your claim is permanently barred.
SEVERABILITY
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
GOVERNING LAW
The Terms of Service and any separate agreements whereby we provide access to our Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.
For any action at law or in equity relating to the arbitration provision of the Terms of Service, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree any legal action or proceeding between NEST BOUTIQUE and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in Monterey, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@nestinpg.com
Privacy Policy
PRIVACY POLICY
Effective: April 28, 2020.
This Privacy Policy (the “Privacy Policy”) serves to inform you of our policies and procedures regarding the collection, use and disclosure of the information we receive when you access and use our website (the “Site”), services, software, mobile applications, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by Davis & Nygaard Enterprises, Inc., dba NEST BOUTIQUE ( “we,” “our” or “us”), including the Services offered under NEST BOUTIQUE or via our www.nestinpg.com Site. This Privacy Policy is a legally binding agreement between NEST BOUTIQUE and you (and your employer or an entity if you are acting on their behalf, “you” or “your”) as the user of the Services. By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to this Privacy Policy, (ii) you are over 18 years of age, and (iii) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to this Privacy Policy. PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.
This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Services. Your use of the Services following any such notice will signify and constitute your agreement to and acceptance of such revised Privacy Policy.
Information Collection
For the purposes of this Privacy Policy, “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, company name, email address, telephone number and credit card information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
PERSONAL INFORMATION WE COLLECT
When you interact with us, we collect Personal Information that you voluntarily provide. For example, when you create an account with us, update your account data on our Sites, sign up for our email lists, participate in any of our promotions or otherwise use certain aspects of our Services, we may ask you to provide information such as your name, company name, e-mail address, physical address and phone number. We also collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout. In addition to collecting information on the Services, we may collect information from you when you communicate with us over the phone, including via text messages, or via e-mail. You can choose not to provide any information that is requested of you by us. However, this may limit your ability to use the Services.
We collect Personal Information when you register to join the Services (or choose to refresh your account data) by logging into an account that you already have with a third party social networking platform (“SNP”) via our Services. For example, our Services allows you to create an account and login to the Services using your Facebook account credentials through Facebook Connect. If you create a user account by logging into the SNP via the Services, you are using the Personal Information you have already provided to the SNP (such as your “real” name, e-mail address, age and other information you make available via the SNP) to create your account on our Services. Accordingly, if you use Facebook Connect to join the Services, you are allowing us to access the Personal Information in your Facebook account pursuant to Facebook’s terms and conditions governing your use of the Services via Facebook. The information we receive from an SNP may depend on the privacy settings you have with the SNP, so please check the SNP’s privacy and data practices.
NON-PERSONAL INFORMATION
We also collect information in a form that does not personally identify you (“Non-Personal Information”) for any purpose. Non-Personal Information can include certain Personal Information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third party service providers obtain Non-Personal Information about you from information that you provide us, either separately or together with your Personal Information. We also use cookies and other technologies to passively collect Non-Personal Information as described below.
NON-PERSONAL INFORMATION WE AUTOMATICALLY COLLECT
We and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically record certain usage information. This information may include your IP Address (defined below) and other unique identifiers for the particular device you use to access the Internet, browser type, your web or application request, your interaction with our Services, your interaction with other websites and online services (e.g., purchases you make), the webpage or other feature you were using before you came to our Services, pages of our Sites that you visit, access times and dates, and other similar information. We do not treat this information as Personal Information (except to the extent required by local law).
COOKIES AND OTHER TECHNOLOGIES WE USE
A cookie is a small data file transferred to your computer when it is used to access our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience while using the Services. Cookies may be used for many purposes, including to enable certain features of our Services, to better understand how you interact with our Services, to determine interest in particular content, and to monitor aggregate usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its option, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. You may also remove persistent cookies by following your web browser’s help file directions. If you do not accept cookies, however, you may not be able to use all portions of our online services or all functionality of our online services.
We and our service providers may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Services and HTML-formatted email messages to, among other things, track the actions of users, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. This information is collected anonymously, in a manner that does not personally identify you.
When you visit and interact with the Sites, we and/or third parties with whom we have contracted to provide services to us may collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Sites and for fraud prevention purposes.
In this Privacy Policy, we refer to all information collected from or about you, including Personal Information and Non-Personal Information, as “Your Information.”
OUR USE OF YOUR INFORMATION
We mainly use Your Information, either alone or in combination with other information, so that we can provide, enhance and personalize our Services and related content, products, and marketing efforts.
Your Information is used and disclosed for, but is not limited to, the following purposes:
to provide you with the best user experience possible;
to respond to your questions and comments;
to communicate with you regarding Services updates, offers, and promotions and for other marketing purposes;
to help us develop, customize, deliver, support and improve our Services, content, and advertising;
to help authenticate any account you create with us;
to protect the rights or property of NEST BOUTIQUE or our users, and prevent fraud and other prohibited or illegal activities;
for distribution to third-party service providers that provide services to us;
to protect the security of our Services and business;
to conduct system administration and system troubleshooting and to diagnose or fix technology problems;
for our internal purposes (such as auditing, data analysis, and research to improve our products, services, and communications);
otherwise, as disclosed to you at the point of collection;
monitor and analyze use of the Services and for the technical administration of the Sites;
improve the Sites and the Services;
generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users; and
verify that users of the Services meet the criteria required to process their requests.
We may combine your Personal Information with Non-Personal Information and aggregate it with information collected from other users or sources to attempt to provide you with a better experience, to improve the quality and value of our products and services, and to analyze and understand how our products and services are used. We may also use the combined information without aggregating it to serve you specifically. After you terminate your use of the Services, we may continue to use your Non-Personal Information for statistical purposes or other purposes as we see fit. Please note, we cannot guarantee that Non-Personal Information will not identify you as we cannot guarantee that others with access to Non-Personal Information may not have knowledge sufficient to identify you.
PUBLIC FORUMS
The Services have features that enable users to post content publicly (including, without limitation, user comments). The protections described in this Privacy Policy do not apply when you provide information (including Personal Information about you or any person) in connection with your use of these public forums. Any information you share in a public forum is public information and may be seen or collected by other persons, including third parties that do not adhere to the standards set forth in this Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Services. You agree that we may use Personal Information and other information about you to identify you with a posting in a public forum.
Information Sharing and Disclosure
We will not rent or sell your Personal Information to others. Non-Personal Information may be provided to third parties for marketing, advertising, or other uses.
OUR SERVICES AND OTHER THIRD PARTIES
To operate the Services, however, we may share your Information with our agents, representatives and contractors (including, payment processors, couriers, delivery personnel and other third party vendors) so they can provide us with support services and other features and fulfill your orders. We also may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, e-mail notifications, database management, web analytics and other services) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information. If they do, this access is provided so that they may perform these tasks on our behalf and we ask these third parties not to otherwise use or disclose your Personal Information in ways that are prohibited by this Privacy Policy, except to the extent required by law. However, NEST BOUTIQUE is not responsible for the privacy policies and/or practices of such third parties.
SOCIAL NETWORKING PLATFORMS
We may share information in your Service account (including your Personal Information) with the SNPs that you have linked to your account. For example, if you link your Facebook account to our Services, then your recent activity on our Services (such as when you Like any content you find on the Services) may be posted back to your Facebook account (subject to your Facebook Timeline integration settings).
ANALYTICS INFORMATION
We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Services. We may collect and use this analytics information together with your Personal Information and stitch together session data from unauthenticated user visits with authenticated user visits to build a broader profile of our individual users so that we can serve you better.
THIRD PARTY PRODUCTS AND SERVICES
Our Services contain links to, and/or content from, third party websites and online services. The fact that we link to a website or display an advertisement or other third party content or product is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices.
This Privacy Policy applies only to the Sites and the Services and your interactions with those third-party services are governed by the privacy policy of the third party providing it. We do not exercise control over third-party websites, products or services. Other websites, products and services may place their own cookies or other files on your computer and/or collect data or solicit Personal Information from you. We encourage you to read the privacy policies and other terms of such third parties before using their services.
COMPLIANCE WITH LAWS, LEGAL PROCESS AND AUTHORITIES
We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to: (1) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce the Privacy Policy or the Terms of Service; (3) respond to claims of a violation of the rights of third parties; (4) respond to user comments or service inquiries; (5) protect our rights, property, or safety and the rights, property and safety of our users or the public; or (6) prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. However, NEST Boutique will endeavor only to disclose information requested via a valid legal process, and will endeavor to notify any user about whom we have disclosed information if possible.
DATA TRANSFER
NEST BOUTIQUE processes Personal Information on our servers in the United States of America. Your Personal Information may be transferred to, and used by, entities located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By using the Services or by providing us with your Information, you explicitly consent to the collection, transfer, storage and processing of your Information to and in the U.S. and the use and disclosure of your Information as described in this Privacy Policy.
BUSINESS TRANSFERS
Circumstances may arise where, whether for strategic or other business reasons, we may sell, transfer or otherwise disclose some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. It’s our practice to seek appropriate protection for information in these types of transactions.
OPTING OUT
If you decide at any time that you no longer wish to receive communications from us, please follow any unsubscribe instructions that may be provided on the Services or in our communications to you, or update your user preferences by logging into your user account on the Sites or the mobile applications. Please note that we may use your Personal Information to contact you with important notifications, such as notices with respect to your purchases or safety, or changes to our terms, conditions and policies; you may not opt out of these notifications. Please also note that we may continue to use Your Information for statistical or other purposes as we see fit after you unsubscribe from any communications and/or terminate your use of the Services.
CHANGING OR DELETING YOUR INFORMATION
We keep your data on your behalf and for your benefit. You can correct or delete your account information following the instructions on the Services or by e-mail at [CUSTOMERSERVICE@NESTINPG.COM, which you may also contact for further assistance and questions regarding the Privacy Policy or for a copy of your account data. If you cancel your account or request us to delete your information, NEST BOUTIQUE will limit its access to your Personal Information to perform what is requested by you and will delete information accessible to NEST BOUTIQUE within seven (7) business days. We may decline to process change or deletion requests that we deem to be unreasonable, require disproportionate technical effort, jeopardize the privacy of others, or as may be required by law.
DO NOT TRACK
We do not track our users and thus do not respond to Do Not Track signals.
SECURITY
We employ appropriate security measures to protect your Personal Information from unauthorized access, alteration, disclosure, or destruction. These security measures include administrative, technical, and physical precautions to safeguard your Personal Information against loss, theft, and misuse. Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your Personal Information.
If you create an account to use the Services, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised contact us immediately at [customerservice@nestinpg.com].
COMPROMISE OF PERSONAL INFORMATION
In the event that Personal Information is compromised as a result of a breach of security, NEST BOUTIQUE will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. In the event that we or our Services suffers a data security breach that requires us to provide you with notice, such as under applicable law, you consent to allow us to provide you with such notice by sending an email to the primary email address that is associated with your account.
NOTIFICATION PROCEDURES
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by NEST BOUTIQUE in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.
OUR POLICY TOWARDS CHILDREN
We do not knowingly collect Personal Information from children under 13 via our Services, and do not target our Services to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our site, please contact us at [info@nestinpg.com].
CHANGES TO THIS PRIVACY POLICY
Our security and this Privacy Policy are periodically reviewed and enhanced as necessary. This Privacy Policy might change as we update and expand the Services. We will endeavor to notify you of these changes, but will not be liable for any failure to do so. We also encourage you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of our policies, you may inquire regarding the same via email at [customerservice@nestinpg.com]. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.
CONTACTING US
If you have any questions about this Privacy Policy, please feel free to contact us via mail at Davis & Nygaard Enterprises, Inc., dba NEST BOUTIQUE 229 B Grand Ave Pacific Grove, CA 93950, or via e-mail at [customerservice@nestinpg.com].