Welcome to Shop The Nest! This User Agreement sets forth the "terms and conditions" which govern your use of our Web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be updated from time to time without notice to you. By using this site, you acknowledge your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
The contents of this site, including text, graphics, images, logos, icons, software, and other content (collectively, "Web Site Content") are protected under United States and foreign copyright, trademark, and other proprietary laws. The compilation (meaning the collection, arrangement and assembly) of all Web Site Content is also protected under United States and foreign copyright, trademark and other proprietary laws. Unauthorized use of the Web Site Content may violate such laws. All Web Site Content is the property of Shop the Nest, LLC, its content suppliers or its affiliates and partners. Except as set forth in paragraph 2 below, nothing contained in this site should be construed as granting any license or other right to use any such Web Site Content without the written permission of Shop the Nest or such other third party that may own the rights to such Web Site Content. You may download and print one (1) copy of the Web Site Content onto a single computer for personal, non-commercial use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or printing. Except as specifically noted above, you may not reproduce, transmit, publish, distribute, display, modify, create derivative works from, sell or participate in any sale, or exploit in any way, in whole or in part, any of the Web Site Contents or the site.
2. LIMITED LICENSE.
By this User Agreement, and subject to the terms and conditions of this User Agreement, you are granted a limited, non-exclusive and non-transferable license to the extent necessary and required to use the software and documentation necessary to access, explore and otherwise use this Web site.
3. USE OF SITE.
You are free to use our site for information purposes as set forth above. You may only use our site to legitimately purchase products if you are of sufficient legal age and can enter into binding contracts. You may not use our site: to purchase any product you can not or do not intend to pay for; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate any law; to transmit any virus, bug or other harmful item; in any manner that infringes the rights of others or violates their privacy or publicity rights; in violation of any copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right; in any manner that is designed to interfere with the proper working of this site or any activity being conducted on this site; in any manner that imposes an unreasonable or disproportionately large load on this site's infrastructure; in connection with the use of any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our site other than the search engine and search agents available from Shop The Nest and other than generally available third party web browsers (e.g., Safari, Chrome, Microsoft Explorer, etc.). You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
4. AGE AND RESPONSIBILITY.
You are responsible for maintaining the confidentiality of your account information, your password and your login information. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
6. REVIEW OF TRANSMISSIONS.
Shop the Nest may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Shop The Nest deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Shop the Nest and its partners and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Shop the Nest takes no responsibility and assumes no liability for any content posted or submitted by you.
7. EXCLUSION OF WARRANTY.
SHOP THE NEST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. SHOP THE NEST DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. Shop the Nest AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER SHOP THE NEST NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM SHOP THE NEST OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY.
SHOP THE NEST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL SHOP THE NEST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY SHOP THE NEST OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL SHOP THE NEST BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
If, notwithstanding the foregoing, Shop the Nest or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Shop the Nest and the third party providers, partners and affiliates shall in no event exceed US $100. In its sole discretion, in addition to any other rights or remedies available to Shop The Nest and without any liability whatsoever, Shop The Nest at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You agree to and shall defend and indemnify and hold Shop The Nest and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons, or your breach of these terms and conditions.
10. THIRD PARTY RIGHTS.
The provisions of paragraphs 7 (exclusion of warranty), 8 (limitation of liability) and 9 (indemnification) are for the benefit of Shop The Nest and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
This site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by Shop The Nest of the contents of such other Web sites. Shop the Nest is not responsible for the content of linked Web sites and do not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk.
The relationship between Shop The Nest and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. GOVERNING LAW.
These terms and conditions and their performance shall be governed by the laws of the state of New York, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in New York county, the state of New York, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
15. ATTORNEY'S FEES.
If Shop the Nest or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
16. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Shop the Nest as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Shop the Nest shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Shop the Nest in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Shop the Nest may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
20. ADDITIONAL TERMS.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
23. ENTIRE AGREEMENT.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.