Terms Of Service

Last Updated: October 3,  2016


Welcome to the Nesting Days Website (“Website”). Nesting Days is operated by New Planet, LLC (together, referred to herein as “Nesting Days”). This Terms of Service governs the use of the Nesting Days Website. When using or accessing the Nesting Days Website, you are agreeing to be bound to the terms within this Terms of Service and our Privacy Policy. This policy may refer to users as “you” or “user” and may refer to Nesting Days as “us,” “we,” or “our.”  If you do not agree to the terms within this Terms of Service and the corresponding Privacy Policy, please do not access or use the Nesting Days Website.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE NESTING DAYS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, AND HAVE THE AUTHORITY TO AGREE, TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE, OUR PRIVACY POLICY AND ANY OTHER LEGAL NOTICES OR GUIDELINES POSTED ON THE WEBSITE, WHICH SHALL BE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.

PRIVACY

Your privacy is very important to us. We designed our Privacy Policy [add hyperlink to “Privacy Policy to your Privacy Policy and remove this bracketed text] to make important disclosures to you about how Nesting Days collects and uses the information you share on our Website. We encourage you to read the information contained in the Privacy Policy [add hyperlink to “Privacy Policy to your Privacy Policy and remove this bracketed text] to make informed decisions.

RIGHT TO CHANGE WEBSITE CONTENT AND TERMS OF SERVICE

The Website will be updated as product offerings change, or as the communication needs or desires of Nesting Days develop. Nesting Days makes no guarantees that content provided through the Website, the Website itself or any related services will remain available to the public. Nesting Days may also update or alter the layout, designs, or links within the Website. Nesting Days is not liable to you or to any third party for any modification, suspension or discontinuation of the Website or any related services.

Nesting Days reserves the right to update and change these Terms of Service, in its sole discretion, without notice. The “Last Updated” date at the top of these Terms of Service will indicate when the latest modifications were made. If we make a change to these Terms of Service that materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. New features that change the current Nesting Days Website shall be subject to these Terms of Service. If you continue to use the Website after any such updates or changes, you shall be deemed have consented to such updates or changes. If any update or change to these Terms of Service is not acceptable to you, your only remedy is to stop accessing and using the Website.

LINKS TO THIRD PARTY WEBSITES

Nesting Days may link to third party websites through the Website or in promotional emails. Nesting Days makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website or in promotional emails do not create any control or endorsement relationship, or any affiliation with Nesting Days. Nesting Days is not responsible for any content, goods or services provided on or through these third party websites, and reserves the right to remove these third party links from the Nesting Days Website or from future promotional emails at any time. Please review the terms of use or privacy policies of these third party websites for rights and restrictions related to such third party websites.

RIGHT TO REFUSE OR LIMIT ORDERS

All purchases through the Nesting Days Website are subject to product availability, though we do try to give estimates on carrier arrivals, and accept pre-orders to assist in your planning. Nesting Days may, in its sole discretion, limit or cancel the quantities of any product or service offered on its Website, and may limit the sales of products or services to any person, household, geographic region or jurisdiction. To limit quantities, Nesting Days may track sales to specific mailing addresses or credit cards. If a product does not ship, but you have provided a method of payment, any charges made through that payment method will be reimbursed for the unshipped items.

USE OF NESTING DAYS INTELLECTUAL PROPERTY

Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, graphics, sounds, icons, photographs, video clips and other materials, and the selection and arrangement thereof, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Nesting Days and other trademarks appearing on the Website are the trademarks of Nesting Days or its affiliates, including the represented designers or companies of the products being offered.

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

COLOR & PRODUCT DESCRIPTION LIMITATIONS

Although Nesting Days strives to provide you with accurate information regarding our products, the photos of the products are examples of the product(s) being sent to you and may not be photos of the exact product(s) being sent, and therefore slight variations may occur.  Additionally, the colors depicted on your screen may not accurately reflect the actual colors of our products due to variations in color settings on computers or mobile devices. We do accept returns of unused carriers (though trying them on with baby is encouraged), and a detailed return and exchange policy is located: https://www.nestingdays.com/pages/return-exchange-policy.

CONSENT TO ELECTRONIC COMMUNICATION

By providing information to the Nesting Days website, such as signing up for a newsletter or promotion, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

LIMITATION OF LIABILITY

THE NESTING DAYS WEBSITE IS INTENDED FOR PERSONAL USE.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NESTING DAYS AND ITS SUBSIDIARIES, AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU; (II) YOUR VIOLATION OF ANY TERM OF OUR TERMS OF SERVICE OR PRIVACY POLICY  INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES YOU MAKE IN THE TERMS OF SERVICE OR PRIVACY POLICY; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION.


DELIVERED CONFIDENTIAL INFORMATION BY USER

We are grateful for your feedback on the Nesting Days carriers and love hearing stories about your newborns, however, except for information necessary to place an order, joining a mailing list, or asking questions regarding our products, Nesting Days discourages users from sending any confidential or proprietary information through the Website. This includes the “Write for Us” blogging opportunity. Please do not send us any works that you do not want publicized through this online form. Reach out to us first and we can arrange a review of your materials, with a separate agreement on compensation and ownership. Absent an additional agreement, any information, materials, suggestions, ideas or comments sent to Nesting Days through this form, by mail, or by email will be considered non-confidential, and by submitting it, you are giving Nesting Days the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code 1789.3, you have the right contact Nesting Days with any complaints or to seek additional information. You may email Nesting Days at info@nestingdays.com. You may also call 415-906-4047. For any physical documents, you may send mail to: 1 Dorman Avenue San Francisco, CA 94124.

If California users have any questions or complaints about Nesting Days they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


ARBITRATION

By accessing or using the Nesting Days Website you agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, blog or any related services (collectively, "Disputes") will be settled by binding arbitration between you and Nesting Days in front of a neutral arbitrator, and not a judge or jury. YOU AGREE TO GIVE UP YOUR RIGHT TO GOT TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights).  YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND NESTING DAYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nesting Days otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

ARBITRATION RULES AND GOVERNING LAW

Arbitration shall take place San Francisco, California, using California law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as provided in these Terms of Service (the AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

WAIVERS

The failure of Nesting Days to exercise or enforce any provision of these Terms of Service shall not constitute a waiver of such right or provision, of any other provision or of Nesting Days’ right to require strict observance of each remaining term. If any provision or section of these Terms of Service is found to be unenforceable or invalid for any reason, that provision or section shall be severable, and all other provisions shall remain in full force and effect. These Terms of Service and the corresponding Privacy Policy constitute the entire agreement between Nesting Days relating to your use of the Website, superseding any prior agreements between you and Nesting Days (including, but not limited to, any prior versions of these Terms of Service).