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Privacy Policy
Nook&Niche Privacy Policy
Nook & Niche Design ("Nook & Niche","Company" or "We") respects your privacy and we are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit our website (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
  • On this Website.
  • In email, text messages, and other electronic messages between you and this Website.
  • It does not apply to information collected by:
  • Us offline or through any other means, including on any other website operated by Company or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
  • Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
    Children Under the Age of 13
    Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@nookandniche.design.
    Information We Collect About You and How We Collect It
    We collect several types of information from and about users of our Website, including information:
  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
  • About your internet connection, the equipment you use to access our Website, and usage details.
  • We collect this information:
  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
  • Information You Provide to Us
    The information we collect on or through our Website may include:
  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.
  • You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
    Information We Collect Through Automatic Data Collection Technologies
    As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
  • Details of your visits to our Website, including location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.
  • We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
    The information we collect automatically is only statistical data and does not include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website..
  • The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies).A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies.Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons.Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
    How We Use Your Information
    We use information that we collect about you or that you provide to us, including any personal information:
  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.
    We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
    Disclosure of Your Information
    We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
    We may disclose personal information that we collect or you provide as described in this privacy policy:
  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nook&Niche's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nook & Niche about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • We may also disclose your personal information:
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use or Bulk Sale Terms and Conditions, Retail Terms and Conditions, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nook & Niche, our customers, or others.
  • Choices About How We Use and Disclose Your Information
    We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
  • Tracking Technologies.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company.If you do not wish to have your email address or phone number used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to info@nookandniche.design. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
  • We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
    Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: (800)663-2278 / info@nookandniche.design / https://www.nookandniche.design/helpus. However, please know we do not currently sell data triggering that statute's opt-out requirements.
    Accessing and Correcting Your Information
    You can review and change your personal information by logging into the Website and visiting your account profile page.
    You may also send us an email at info@nookandniche.design to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
    If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.
    California Residents
    If you are a California resident, you may have the right under the California Consumer Privacy Act ("CCPA") to request information about the collection of your personal information by us, or access to or deletion of your personal information. If you wish to do any of these things, please contact our customer service at info@nookandniche.design. Depending on your use of the Services, these rights may include:
  • The right to know the categories of personal information we've collected and the categories of sources from which we obtained the information.
  • The right to know the business purposes for sharing personal information.
  • The right to know the categories of third parties with whom we've shared personal information.
  • The right to access the specific pieces of personal information we've collected and the right to delete your information.
  • Before we honor your rights to request information or delete information, we must verify your or your authorized agent's identity. In certain cases, we may require you to provide additional information in order to verify your request.
    We do not sell your personal information, but we may disclose your personal information to service providers who support our operations.
    We do not discriminate against California residents who exercise their rights under the CCPA.
    Data Security
    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
    Changes to Our Privacy Policy
    It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
    Shipping Policy
    Nook&Niche Shipping Policy
    We'll start processing your order(s) as soon as it is placed. All orders placed after 5 p.m. EST will be processed the following day, and delivered within 10-15 business days unless otherwise stated in the product listing. In the event of a delay, your tracking number will provide all updates.
    We provide free shipping on all orders, and will receive continuous updates via email on the status of your order. Any orders placed the day before or on major holidays will be processed on the next business day.
    Company Holidays:
  • New Year's Day
  • Martin Luther King, Jr. Day
  • President's Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Thanksgiving
  • Christmas Eve
  • Christmas Day
  • Want to know where your order is? If you have any issues, reach out to us so that we can take a look at your order and see how we can help.
    Large Items/Pallets (LTL)
    If your order contains a large/oversized item, we will arrange the delivery with you and choose a delivery time for the item to get dropped off. We also partner with various courier companies that specialize in delivering large items safely by truck. If need-be, we will coordinate a delivery schedule with them based on the time slot you prefer. This time is not guaranteed, but the delivery company will contact you with any updates or rescheduling.
    The Nook and Niche delivery team will contact you with updates when your delivery date and time is coming up, as well as reschedules.
  • Missed appointments for LTL deliveries may incur additional re-shipping charges based on the local delivery carrier, so please be sure to contact them prior to delivery to coordinate delivery. LTL re-delivery should not cost anything to us, and should be handled by the LTL company.
  • Orders may be shipped out from various Nook and Niche locations which may result in partial shipments arriving at different times. The same may happen for LTL and standard small parcel shipments.
  • For large item returns, we will refer you to schedule an item pickup with the Nook and Niche shipping team. We may work with a partnered courier company to coordinate pickup, but will inform you if this route is taken.
    Return and Refund Policy
    Nook&Niche Return, Exchange, & Refund Policy
    If you're looking to return your order for whatever reason, we’re here to help!
    Missing a part, piece, or component? Let us fix that! Contact us and let us know what's missing and we'll get right on that! Just follow the steps in our Return Process, below.
    Overview
    Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.
    To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
    To complete your return, we require a receipt or proof of purchase.
    Please do not send your purchase back to the manufacturer.
    There are certain situations where only partial refunds are granted:
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery.
  • Refunds
    Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
    If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
    Late or missing refunds
    If you haven’t received a refund yet, first check your bank account again.
    Then contact your credit card company, it may take some time before your refund is officially posted.
    Next contact your bank. There is often some processing time before a refund is posted.
    If you’ve done all of this and you still have not received your refund yet, please contact us at info@nookandniche.design.
    Shipping returns
    Shipping and handling costs will be deducted from total refund, and any order offered with special shipping charges is subject to a deduction of our actual outbound shipping costs. Return shipping charges are paid by customer. Returns shipped COD will be refused & fees incurred by the customer. Non-returnable items: Assembled and/or modified items. Inspect all parts and confirm condition is acceptable and that all parts are present in the shipment prior to assembly.
    You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Any order offered with special shipping charges is subject to a deduction of our actual outbound shipping costs. Returns shipped COD will be refused & fees incurred by the customer.
    It is important to note that assembled and/or modified items are non-returnable. Please inspect all parts and confirm condition is acceptable and that all parts are present in the shipment prior to assembly.
    If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
    Terms and Conditions
    Nook&Niche Retail Terms and Conditions
    1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Nook&Niche LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products and services through this website (the "Site"). These Terms are subject to change by Nook&Niche LLC(referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

    These Terms and Conditions are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

    1. Order Acceptance and Cancellation.You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, which may take 3 business days, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Nook&Niche LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at833-663-2278.
    2. Prices, Tax, Payment Terms, and Product Details.
      1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
      2. As required by law, we apply sales tax to all orders being placed in applicable states.
        1. The sales tax amount is calculated and added into the final checkout price. The amount of tax charged on your order depends on many factors including (1) the identity of the seller and purchaser; (2) the type of item purchased; (3) the time and location of fulfillment; (4) the shipment or delivery address of your order. These factors can change between the time you place an order and when your shipment is complete. As a result, the tax calculated on your order may change.
        2. We display an "Estimated Tax" to be collected at check out when confirming an order. The amounts displayed as estimated tax may then be updated later when your order is finalized and completed. The tax rate applied to your order will be the combined state and local rates of the address where your order is delivered to or fulfilled from. For example, if you live in a state that does not impose a sales tax, you may still see tax calculated on your order if shipped to another state. Moreover, the tax rates applied to your order may also be different for a variety of reasons, such as a shipment to a residential home versus a business address.
        3. If you are purchasing on behalf of a business or are tax exempt, please click here to submit the appropriate forms and we will deduct sales tax from your order. Any orders with tax exemption will be subject to review. Once confirmed, we will ship your order.
      3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit card, debit card, eCredits, wire transfer, ACH transfer for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
      4. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
    3. Shipments; Delivery; Title and Risk of Loss.
      1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. For more information about shipment, please refer to our Shipping Policy.
      2. Title and risk of loss pass to you upon the carrier's delivery at your address. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
    4. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the return shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. For further information about the return of products, please check our Return Policy.
    5. LIMITED WARRANTY.THIS LIMITED WARRANTY CAN BE FOUND AT OUR WARRANTY POLICY PAGE.
    6. Goods Not for Resale or Export.You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. Goods that are purchased for resale need to be filed with the resale certificate and that we will not honor any warranties on the goods once they are resold.
    Terms of Use
    Nook&Niche Retail Terms of Use
    1. Introduction

    Welcome to Nook&Niche! Your use of Nook&Niche's services, including the services Nook&Niche makes available through this website (the "Site"), and any other software or services offered by Nook&Niche in connection with the Site (the "Services") is governed by these terms of service (the "Terms of Use"), so please carefully read them before using the Services. For the purposes of these Terms of Use, "we," "our," "us," and "Nook&Niche" refer to Nook&Niche LLC, the providers and operators of the Services.

    All sourcing and bulk purchasing transactions through the Site are governed by our terms and conditions ("Bulk Sale Terms and Conditions") , which are hereby incorporated into these Terms of Use. All retail purchase transactions through the Site are governed by our terms and conditions ("Nook&Niche Retail Terms and Conditions", together with Bulk Sale Terms and Conditions collectively as "Terms and Conditions"), which are also hereby incorporated into these Terms of Use.

    These Terms of Use, together with our Terms and Conditions, Privacy Policy, Shipping Policy, Return Policy, Warranty Policy (collectively as "Terms"), and your confirmed orders, constitutes the entire agreement between the parties relating to the Services and all related activities.

    In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.

    You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect to your child's use of the Services.

    You agree your purchases and/or use of the Services, or any goods through the Services, are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Nook&Niche or any of its affiliates regarding future functionality or features.

    BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

    PLEASE NOTE THAT IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH Nook&Niche FOR USE OF SERVICES, THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THESE TERMS.

    1. Your Account

    In the course of registering for or using the Services, you may be required to provide Nook&Niche with certain information, including your name, organization name, contact information, username and password ("Credentials"). Nook&Niche handles such information with the utmost attention, care and security. Nonetheless, you, not Nook&Niche, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Nook&Niche promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Nook&Niche of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Nook&Niche immediately.

    We have multi-user features, which allows one primary account with multiple users. Such multiple users under one primary account are able to share the same payment method and payment information.

    1. Content

    A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") may be made available through the Services by Nook&Niche or its suppliers ("Nook&Niche-Supplied Content"). While Nook&Niche strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Nook&Niche cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Nook&Niche-Supplied Content.

    You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as "User Content."

    You agree that you are solely responsible for (and that Nook&Niche has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Nook&Niche may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that Nook&Niche does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content.

    Nook&Niche may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Nook&Niche may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Nook&Niche may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Nook&Niche has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.

    Nook&Niche reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Nook&Niche. In the event that you elect not to comply with a request from Nook&Niche to take down certain Content, Nook&Niche reserves the right to directly take down such Content.

    By submitting, posting or otherwise uploading User Content on or through the Services you give Nook&Niche a worldwide, royalty-free, sublicensable and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling Nook&Niche to provide you with the Services, and for the purposes stated in our Privacy Policy.

    1. Proprietary Rights

    You acknowledge and agree that Nook&Niche (or Nook&Niche's licensors) own all legal right, title and interest in and to the Services and Nook&Niche-Supplied Content and that the Services and Nook&Niche-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    Except as provided in Section 3, Nook&Niche acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Nook&Niche, you agree that you are responsible for protecting and enforcing those rights and that Nook&Niche has no obligation to do so on your behalf.

    You represent and warrant that any User Content that you submit, post or display through the Services does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

    1. License from Nook&Niche and Restrictions on Use

    Nook&Niche gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of allowing you to access the Services to place orders and purchase goods, in the manner permitted by these Terms.

    You may not (and you may not permit anyone else to: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Nook&Niche, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

    You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

    You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.

    You may not access the Services for the purpose of bringing an intellectual property infringement claim against Nook&Niche or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.

    You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Nook&Niche, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

    You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

    1. Privacy Policy

    These Services are provided in accordance with our Privacy Policy, which can be found at Privacy Policy. You agree to the use of your User Content and personal information in accordance with these Terms and Nook&Niche's Privacy Policy.

    If you are using or registering for the Services on behalf of an organization, you agree to permit Nook&Niche to identify you as a customer and to use your name and/or logo in Nook&Niche's website and marketing materials.

    1. Changes to the Terms

    These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

    1. Copyright Policy

    We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

    DMCA Notice of Alleged Infringement ("Notice")

    • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
    • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    • Include both of the following statements in the body of the Notice:

    "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

    "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

    • Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:

    Copyright Agent,

    MT LAW LLC

    2901 Tasman Drive, Suite 218 Santa Clara, CA 95054

    Email: copyright@noviland.com

    1. Third-Party Content

    The Services may include references or hyperlinks to other web sites or content or resources or email content. Nook&Niche has no control over any websites or resources which are provided by companies or persons other than Nook&Niche.

    You acknowledge and agree that Nook&Niche is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    You acknowledge and agree that Nook&Niche is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

    1. Third Party Software

    The Services may incorporate certain third-party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

    1. Feedback

    You may choose or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Nook&Niche under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

    1. Geographic Restrictions

    The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    1. Indemnification

    You agree to hold harmless and indemnify Nook&Niche, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Nook&Niche and Partners") from and against any and all claims, suits, actions, damages (actual and consequential), losses, liabilities, judgments, and expenses, including litigation costs and reasonable attorneys' fees, arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, (d) your User Content, (e) any claims of breach of any express or implied warranty or negligence or strict liability, product liability, or similar theory in connection with the production, design, sale, or use of any of the goods you purchase, (f) any claims of patent or trademark infringement, or other violation of intellectual property rights, of third persons in connection with the production, design, sale or use of any of the goods you purchase or the use of trademarks, trade names, logos, or other intellectual property pertaining thereto, and (f) any and all other claims and liabilities of every kind or character whatsoever arising out of, or related to, the production, design, sale, or use of the goods you purchase, unless the same results solely from Nook&Niche's gross negligence or knowing violation of the law.

    1. Force Majeure.

    No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Terms, for any failure or delay in fulfilling or performing any term of this Terms (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.

    The Impacted Party shall give notice within three days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of seven days following written notice given by it under this Section14, the other party may thereafter terminate this Agreement upon three days' written notice.

    1. Miscellaneous

    These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Nook&Niche to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Nook&Niche must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. Except for claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in Gwinnett County, Georgia under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND Nook&Niche, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST Nook&Niche THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

    1. Other Agreements

    Nook&Niche may, at its sole discretion, enter into agreements with a customer or customers which modify or deviate from these Terms. If, pursuant to the express terms of such other agreements, the provisions of these Terms are superseded, then these Terms shall only be superseded to the extent that there exists an actual conflict between these Terms and the other agreement and in all other respects these Terms shall control.

    1. Contact Us

    If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: info@nookandniche.design

    When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.