Terms and Conditions
Welcome to the NE Coast Style website, located at https://www.necoaststyle.com (the “Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.
1. Shipping Policy
Any and all orders placed through the Site are subject to this Shipping Policy. We strive for expedient delivery, and aim to have most packages shipped promptly. Many of our goods are made to order, which can add time to the delivery time of these items. Please keep in mind that orders are not fulfilled on weekends. NE Coast Style bears no responsibility for the safety or delivery of the products purchased on our website once the package has been passed to the carrier. Any problems pertaining to the delivery of that package must be resolved between the customer and the carrier in accordance with the carrier’s policies.
2. Pricing
The pricing available on this Site is for information purposes only and is subject to change. While NE Coast Style strives to provide accurate product and pricing information, pricing or typographical errors may occur. NE Coast Style cannot confirm the price of any product or service until after an order is placed. In the event that a product or service is listed on the Site at an incorrect price or with incorrect information due to an error, NE Coast Style shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product or service. In the event that a product or service is mispriced, NE Coast Style may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. NE Coast Style’s prices and the availability of products or services are subject to change without notice.
3. Order Acceptance
NE Coast Style reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Among the circumstances that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance staff. NE Coast Style may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment has been received, NE Coast Style will issue a credit to your account in the amount of the charge.
4. Returns and Exchange Policy
Any and all orders placed through the Site are subject to our Return Policy. For more information, click here to view the Return Policy, which is incorporated into these Terms by reference, as if set forth fully herein.
5. Payment
Some products or services on the Site may be available for purchase. NE Coast Style uses a third party payment processor to process credit card transactions made through the Site. If you purchase products from NE Coast Style or make any payments via the Site with your credit card, the credit card information that you submit will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason NE Coast Style does not receive payment for a purchase, we may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on NE Coast Style’s net income). To the extent that NE Coast Style is obligated to collect such taxes, the applicable tax will be added to your billing account.
6. Proprietary Rights
As between you and NE Coast Style, NE Coast Style owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and NE Coast Style, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to NE Coast Style or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
7. Unauthorized Activities
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with NE Coast Style; (c) any use of data mining, scraping, robots, spiders, crawlers or any other data gathering or extraction tools, except to the extent the Site is indexed by general purpose consumer accessible search engines; or (d) sending unsolicited email, including promotions and/or advertising. You may use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including the aforementioned unauthorized uses, without prior written permission of NE Coast Style is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to NE Coast Style and that in the event of such unauthorized use, NE Coast Style shall be entitled to an injunction in addition to any other remedies available at law or in equity.
8. Materials Submitted to the Site
Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to NE Coast Style, you grant NE Coast Style a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure.
9. Third Party Web Sites and Content
The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. NE Coast Style does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. NE Coast Style does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
10. Privacy Statement
Any personal information that you provide to NE Coast Style on the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to NE Coast Style via the Site or Internet electronic mail cannot be guaranteed.
11. DISCLAIMER
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NE COAST STYLE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
12. Limitation of Liability
NE COAST STYLE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR NE COAST STYLE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF NE COAST STYLE AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF NE COAST STYLE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel NE Coast Style has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
13. Indemnification
You shall indemnify NE Coast Style and its directors, officers, employees, agents, contractors and licensors (“NE Coast Style Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall reimburse the NE Coast Style Indemnitees for all losses, damages, payments, deficiencies, liabilities, claims, causes of action, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under these Terms and the cost of pursuing any insurance providers, incurred by the NE Coast Style Indemnitees arising out of or relating to any Claims.
14. Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify NE Coast Style by sending an email. Your communication must contain: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity; (d) the address, telephone number, or e-mail address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Miscellaneous
These Terms constitute the entire agreement between you and NE Coast Style regarding the Site. NE Coast Style’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and be enforceable. These Terms are not assignable, transferable or sublicensable by you except with NE Coast Style’s prior written consent. NE Coast Style may assign, transfer or delegate any of its rights and obligations hereunder without consent. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms are governed by and construed in accordance with the laws of the state where NE Coast Style is organized, without regard to its conflict of laws rules. You agree that any legal action or proceeding between you and NE Coast Style shall be brought exclusively in a federal or state court of competent jurisdiction.
Dated: [Current Date]
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