Terms of Use
Updated: December 3, 2019
1. Introduction. Welcome to NancyDeanne.com (the “Site”). In order to create a safe and welcoming environment for our community members, and to document the terms and conditions that govern your use of this Site and any purchases made on this Site, we have established these Terms of Use (the “Terms”). We ask that you please read these Terms carefully. They include an arbitration provision requiring individual arbitration of disputes instead of jury trials or class actions, along with warranty disclaimers, an indemnification provision and a limitation of liability. When using this Site, including making a purchase on this Site, you agree to be bound by these Terms, and you represent and warrant that you have the right and authority to do so.
As a courtesy, please note that our subscriber list is managed by MailChimp, our web store is hosted by WooCommerce, and our credit card processor is PayPal. We encourage you to view the specific terms of service that apply to each of these third party sites.
2. General Requirements. At a minimum, we require our community members to abide by the following general requirements when using this Site:
a. You may only use this Site for lawful purposes;
b. You must be at least the age of majority or legal age of your jurisdiction of residence in order to use this Site (if you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from using this Site directly, and a parent or guardian must make purchases on your behalf);
c. You may not use this Site to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or to engage in any other activity that: (i) infringes, misappropriates or violates patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity, or privacy rights held by us or a third party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, disparaging, abusive, insulting, immoral, intimidating, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); and
d. You may not violate or attempt to violate the security measures on this Site, including, without limitation: (i) impersonating or misrepresenting your affiliation with any person or entity; (ii) attempting to probe, scan or test the vulnerability of this Site; (iii) attempting to interfere with service to any user, host or network; (iv) transmitting any worms, viruses, or any code of a destructive nature; (v) transmitting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through this Site; or (vi) collecting or tracking the personal information of other users.
3. Content. All content on this Site (“Content”) is protected by copyright, trademark, and other laws of the United States and foreign countries. All right, title, and interest in and to all Content, including all associated intellectual property rights, is owned exclusively by us or by the original creator of the Content. Except as stated herein, the Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission. You also may not, without our prior written permission, “mirror” any material contained on this Site on any other server. Notwithstanding the foregoing, permission is granted to display, copy, distribute and download the Content for personal, noncommercial use only, provided you: (i) do not modify the Content; (ii) retain all copyright and other proprietary notices contained in the Content; and (iii) comply with all export control and economic sanctions laws of the United States and other applicable jurisdictions (“Export Laws”) when distributing the Content. This permission automatically terminates if you breach any of these Terms.
4. Non-Compliance. Although we may not monitor all activity on this Site, we reserve the right to do so to ensure compliance with these Terms. We have the sole and absolute discretion to determine if any use fails to comply with these Terms, and to act as we deem appropriate in the event of any such non-compliance. We may investigate potential violations of these Terms and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to: (i) seek injunctive relief; (ii) block access from a particular internet address; and (iii) terminate access to all or part this Site or otherwise refuse service, without notice, for any conduct that we believe (in our sole discretion) is harmful to the interests of another user or is in violation of these Terms or applicable law.
5. Privacy. Our Privacy Policy applies to your use of this Site and is incorporated by reference into these Terms. Please review our Privacy Policy to better understand what kind of information we collect on this Site, how it is used, and with whom it may be shared.
6. Terms of Sale. We may offer products for sale through this Site. These products are offered in limited quantities and are subject to return only in accordance with our Return Policy, which is incorporated by reference into these Terms.
We strive to communicate accurate pricing and product information, but errors may occur. Therefore, all descriptions and prices for the products on this Site are subject to change at any time in our sole discretion. While we will make every effort to display as accurately as possible the colors and images of the products offered on this Site, we cannot guarantee that the display on your computer or device will be accurate.
Your order of products on this Site is an offer to buy. We may send an order confirmation email to acknowledge receipt of your order, but we do not accept your order until we ship your products. We reserve the right to: (i) limit the sale of our products to any person, geographic region, or jurisdiction; (ii) decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud (even after we send you a confirmation email); and (iii) discontinue the sale of any product at any time. We may exercise these rights on a case-by-case basis.
When you make a purchase on this Site, you agree to pay, and authorize our third-party payment processor to charge you using your selected payment method, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in US Dollars and are non-refundable except as required by law (or as specified in our Return Policy). We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing current, complete, and accurate billing and contact information to us.
Your purchases are subject to and you are responsible for compliance with all Export Laws. Your purchases may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
Title to products that you purchase on this Site passes to you when your products ship.
ALL PRODUCTS SOLD TO YOU THROUGH THIS SITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS SOLD ON THIS SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS WILL BE CORRECTED.
7. Links to Third-Party Websites. This Site may link to other third-party websites that are outside of our control and are not covered by these Terms. We are not responsible for any sites or resources provided by third parties, and our links to these sites and resources do not imply our endorsement of such sites or resources, or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. We make no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our websites. Please note that the site rules and privacy policies of linked sites may differ from ours and should be reviewed by you when you access any other site. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
8. Feedback. You are solely responsible for all comments, feedback, suggestions or other submissions that you send to us or post to this Site (collectively “Feedback”), including the accuracy of all Feedback and its compliance with these Terms. We take no responsibility and assume no liability for any Feedback posted or submitted by you or any third party. When you submit Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to edit, modify, copy, publish, distribute, translate, create derivative works thereof, and otherwise use such Feedback in any medium for any purpose without restriction or compensation to your or to any third party. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback. We may, but shall not be obligated to, post any Feedback on this Site and identify you as a submitting party. We may, without notice to you, refuse or edit Feedback for any reason or no reason, including Feedback that violates these Terms, is erroneous, irrelevant or inappropriate, or represents us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
9. Disclaimers. YOU ARE FULLY RESPONSIBLE FOR YOUR USE OF THIS SITE AND ALL CONTENT CONTAINED HEREIN. WE PROVIDE THIS SITE AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THIS SITE OR ITS CONTENT. SPECIFICALLY, WE: (I) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND RELATED TO OR ARISING OUT OF YOUR USE OF THIS SITE OR THE CONTENT; (II) DISCLAIM ALL WARRANTIES RELATED TO OR ARISING OUT OF YOUR USE OF THIS SITE OR THE CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS, ACCURACY, NON-INFRINGEMENT, OR OPERATION; AND (III) DO NOT GUARANTEE THAT THIS SITE OR THE CONTENT WILL BE FREE OF ERRORS OR DEFECTS, WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
10. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THIS SITE, ITS CONTENT AND THE PRODUCTS SOLD ON THIS SITE REMAINS WITH YOU. WE ARE NOT LIABLE UNDER ANY LEGAL THEORIES (INCLUDING NEGLIGENCE) FOR ANY TYPE OF DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, ITS CONTENT OR THE PRODUCTS SOLD ON THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (SUCH AS LOST PROFITS OR LOSS OF DATA) EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with any portion of this Site, or with these Terms or any other policy referenced herein, your sole and exclusive remedy is to discontinue using this Site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies.
11. Indemnification. You agree to indemnify, defend, and hold us harmless, including our partners, founders, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), or demands made by any third party due to, or arising out of, or in any way connected to your access to or use of this Site, the Content, the products you purchase on this Site, or your violation of these Terms.
12. Digital Millennium Copyright Act (“DCMA”) Notice. If you believe that your work has been copied in any way without your permission, please provide the following information to our Designated Agent to receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following: (i) a description of the work you claim has been infringed; (ii) identification of the work you claim infringes the copyrighted work and a description of where it is located on this Site; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; (v) a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your electronic or physical signature. Our Designated Agent for notice of claims of copyright infringement can be reached at heynancy@nancydeanne.com.
13. Dispute Resolution and Binding Arbitration. ANY DISPUTES BETWEEN US THAT ARE RELATED TO OR ARISE OUT OF YOUR USE OF THIS SITE, THE CONTENT OR ANY PRODUCTS PURCHASED ON THIS SITE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ACCORDINGLY, EACH PARTY WAIVES ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE EXCLUSIVE JURISDICTION FOR ANY ARBITRATION PROCEEDING SHALL BE SAN DIEGO, CALIFORNIA. NOTWITHSTANDING THE FOREGOING, EITHER PARTY HAS THE RIGHT TO SEEK A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION TO PRESERVE THE STATUS QUO, PREVENT IRREPARABLE HARM, AVOID THE EXPIRATION OF ANY APPLICABLE LIMITATION PERIODS, OR PRESERVE A SUPERIOR POSITION WITH RESPECT TO OTHER CREDITORS.
14. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions.
15. Severability. In the event that any provision of these Terms 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 not affect the validity and enforceability of any other remaining provisions.
16. Entire Agreement. These Terms constitute the entire agreement related to your use of this Site, the Content and the products purchased on this Site. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
17. Changes to these Terms. These Terms may change at any time in our sole discretion as we continue to develop this Site, so we encourage you to refer to these Terms on an ongoing basis. All changes are effective on the date that we post them to this Site.
18. Contact Us. If you have any questions or concerns regarding these Terms, please contact us at heynancy@nancydeanne.com.
