Your use of the Site and/or the Service signifies that you agree to this ToU and constitutes your binding acceptance of this ToU, including any modifications that Nook Sleep Systems makes from time to time.
Nook Sleep Systems will revise the ToU as the Site and/or Service evolves. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
TERMINATION OF SERVICE
Nook Sleep Systems reserves the right to deny service to any person at Nook Sleep Systems’ sole and absolute discretion. The Service is offered with the understanding that Nook Sleep Systems may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Nook Sleep Systems may stop offering and/or supporting the Service at any time.
ORDERS AND PAYMENT TERMS
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Nook Sleep Systems accepts all major credit cards such as Visa®, MasterCard®, American Express®, and Discover®. Orders will not be accepted for delivery outside the country which is selected. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Nook Sleep Systems’ acceptance of your order. Without prior notification, Nook maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Nook Sleep Systems reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, Nook Sleep Systems will issue you a refund.
Nook Sleep Systems does sell products through its Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above. If you are under 18, you may use the Store only with involvement of a parent or guardian.
We accept various payment methods for Product purchases through our Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Nook Sleep Systems will not fulfill any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, quality, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free.
We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you agree to hold shipping service liable and to contact Nook Sleep Systems Consumer Support to resolve the issue. You agree not hold Nook Sleep Systems liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. All merchandise is shipped F.O.B. from any place we designate the merchandise leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
Products purchased from nooksleep.com are easily returned within 30 days of receipt of shipment in accordance with our Return Policy. These Products must be in new condition with original packaging and accessories. Products missing the serial number or UPC cannot be accepted; refunds will not be issued for such items.
RESTRICTIONS AND CONDITIONS OF USE
Use of Site and Service
Nook Sleep Systems permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Nook Sleep Systems reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
The Site may contain links to websites operated by other parties. Nook Sleep Systems provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Nook Sleep Systems, and Nook Sleep Systems is not responsible for the content available on the other websites. Such links do not imply Nook Sleep Systems’ endorsement of information or material on any other website and Nook Sleep Systems disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and Nook Sleep Systems, you must adhere to Nook Sleep Systems’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Nook Sleep Systems’ and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Nook Sleep Systems, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking site, and (iv) Nook Sleep Systems reserves the right to revoke its consent to the link at any time and in its sole discretion.
The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Nook Sleep Systems to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages.
You agree that you alone are responsible for your uses of the social network features and that Nook Sleep Systems will not be held liable to you or anyone else for your violation or breach of any terms of service or other agreement that may result from your use of the social network features.
Nook Sleep Systems is the trademark/service marks of Nook Sleep Systems. Unauthorized use of any Nook Sleep Systems trademark, service mark or logo may be a violation of federal and state trademark laws.
The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Nook Sleep Systems’s express prior written permission.
Nook Sleep Systems respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Nook Sleep Systems maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made 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.
Copyright Agent: Legal Department, email@example.com
Nook Sleep Systems does not claim ownership of any materials you make available through the Site. At Nook Sleep Systems’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, including without limitation the Postings (as defined below) you grant Nook Sleep Systems a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 11. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Postings. You also grant other users of the Site permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your Postings. We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post or otherwise provide to the Site, and it is your responsibility to protect any rights that you may have in your Postings. Please also be aware that any personally identifiable information that you choose to include in your Postings for publication on the Site will not be protected. If Nook Sleep Systems has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Postings in compliance with Section 5 of the Federal Trade Commission Act.
DISCLAIMER OF WARRANTIES
THE SITE, PRODUCTS AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NOOK SLEEP SYSTEMS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. NOOK SLEEP SYSTEMS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOOK SLEEP SYSTEMS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PRODUCTS AND/OR SERVICE, EVEN IF NOOK SLEEP SYSTEMS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF NOOK SLEEP SYSTEMS OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR USE OF THE SITE OR SERVICE DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.
NOOK SLEEP SYSTEMS WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY NOOK SLEEP SYSTEMS; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Nook Sleep Systems and its affiliates shall be limited to the fullest extent permitted by law.
If this Agreement is also provided in a language other than English, the English version will be decisive, under all circumstances, in case of differences in interpretation. Specific provisions that apply to the country concerned and are not included in these English T&Cs will remain fully in force.