Welcome to our Legal Page!!
This is our page for legal disclaimers, online legal information, and any other legal information. This is to ensure that you the visitor/customer understands our intentions and that there is no confusion on anyone's part. Thank you for visiting our website and reading and understanding our legal information.
- Our Public Pledge
- Regarding Information
- Regarding Hyperlinks
- Privacy Policy Concerning Customer Information
- Regarding the Website
- Terms of Use Agreement
Welcome to NINE Nappy Productions! Thank you for visiting the site and our online store. We greatly appreciate your patronage. Our customer policy is simple:
- Our customers, no matter who they are, are the lifeblood of not only our industry, but our company.
- Since we feel that every problem has a solution, we are willing to listen to our customers, and negoiate a satifactory solution for whatever problem(s) may arise.
- Communication can be done via email, phone during business hours, or a mailed written letter by USPS.
- We will respond to emails and phone inquiries within 24 hours after receipt. Response from a mailed written letter will be in approximately 2-3 business days after receipt.
- Customers can send feedback via email here.
- We will serve our customers with respect and care.
- We will contact our customers via phone or email to verify that they have received their order, notify them of any delays, or shipping updates. In conjunction with PayPal and our external Internet sales portals (i.e Lulu.com and CDBaby.com), we provide a safe, encrypted, and secure purchasing experience.
- All and any customer information is private and is never sold to any third parties. We believe in customer privacy and we use your information for internal use only (to send out emails and mailings for product information and/or company news).
The information presented or throughout this site is presented "as is," and all warranties (expressed or implied) are disclaimed (including but not limited to the disclaimer of any purpose). The information may contain errors, problems, or other limitations. Our sole and entire maximum liability for any inaccurate information, for any reason, and user's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the information received (if applicable). We are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of Agreement, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the company and the visitor/consumer/customer. We would not provide this site and information without such limitations.
No representations, warranties, or guarantees whatsoever are made as to the accuracy, adequacy, reliability, currentness, completeness, suitability, or appicability of the information to a particualer situation. All terms and conditions with respect to this site is governed by a Terms of Use Agreement.
This site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us (unless we are listed in that particular site). These third party sites may also contain opinions and viewpoints of other parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.
Privacy Policy Concerning Customer Information
We collect the following personal information from our customers:
- Name
- Home address
- Phone number
We collect the information from customers who order products from us directly via PayPal, or by email from product or company inquiries. In the future, we will have a newsletter and the customer can add their name and email to sign up. We use the information for internal use only and to send out notifications to customers about products, company news, and information concerning orders. We do not sell or share customer information with any third parties. We protect customer privacy by a separte database which is kept off-site. Customers can control their information by notifying us via email of any changes or deletion requests.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
The following is the terms of the agreement between NINE Nappy Productions (“Company”) and the visitor/customer/buyer (“Buyer”) of goods or services through the Company’s web site (the “Site”). By purchasing items or products in our marketplace, you agree to these terms. So please review these terms carefully:
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Introduction: Buyer agrees to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the goods, services and information provided by or through the Site. This Agreement along with other legal policies and information in our FAQ section, constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Agreement. Buyer agrees to review this Agreement and FAQ section prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Agreement and other legal policies.
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Setup and Payment: Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of PayPal. Company does not protect Buyer from unauthorized use of Buyer's credit card. Buyer needs to contact their credit card company in the event of unauthorized use.
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Copyright: The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is strictly prohibited.
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Editing, Deleting, and Modification: Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Agreement, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Agreement will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
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Right to Refuse: Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
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Indemnification: Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Agreement or use of the Site.
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Non-Transferable: Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
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Disclaimer: The service, content, goods and services from or through the service are provided "As-Is," and all warranties, expressed, or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Company, for any reason, and Buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased. Company and any of its affiliates (if any), dealers (if any), or suppliers (if any) are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of Agreement, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundemental elements of the basis of the bargain between Company and Buyer. This site and goods and services would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
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Refund Policy: If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within five (5) days of receipt, to the following address: NINE Nappy Productions, PO Box 15423, Sacramento, CA 95851-0423. In such event, Company shall provide Buyer either a credit or exchange for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund. Instructions are in our FAQ section.
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Use of Information: Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law. Also see our FAQ section and Privacy policy for more detailed information.
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Miscellaneous: This Agreement shall be treated as though it were executed and performed in Sacramento, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Sacramento, California, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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11a. Attorney Fees Provision: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
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11b. Arbitration: Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled by binding arbitration in Sacramento, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute (“JAMS”), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; [provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief]. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. [If for any reason this arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all rights to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.]
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11c. Entire Agreement: This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
