Terms of Service Agreement between User and nook.market <p>Welcome to nook.market.
The nook.market website (the "Site") is comprised of various web pages operated by nook.market.
nook.market is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of nook.market constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.</p> Your Account <p>If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that nook.market is not responsible for third party access to your account that results from theft or misappropriation of your account.
nook.market and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.</p> Children Under Thirteen <p>nook.market does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.</p> Links to Third Party Sites/Third Party Services <p>nook.market may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of nook.market and nook.market is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
nook.market is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by nook.market of the site or any association with its operators.</p>
<p>Certain services made available via nook.market are delivered by third party sites and organizations.
By using any product, service or functionality originating from the nook.market domain, you hereby acknowledge and consent that nook.market may share such information and data with any third party with whom nook.market has a contractual relationship to provide the requested product, service or functionality on behalf of nook.market users.</p> Third Party Accounts <p>You will be able to connect your nook.market account to third party accounts.
By connecting your nook.market account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).
If you do not want information about you to be shared in this manner, do not use this feature.</p> International Users <p>The Service is controlled, operated and administered by nook.market within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use the nook.market Content accessed through nook.market in any country or in any manner prohibited by any applicable laws, restrictions or regulations.</p> Indemnification <p>You agree to indemnify, defend and hold harmless nook.market for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
nook.market reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with nook.market in asserting any available defenses.</p> Liability Disclaimer <p>THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NOOK.MARKET MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.</p>
<p>NOOK.MARKET MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
NOOK.MARKET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.</p>
<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOOK.MARKET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOOK.MARKET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.</p>
<p>You agree that no joint venture, partnership, employment, or agency relationship exists between you and nook.market as a result of this agreement or use of the Site.
nook.market's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of nook.market's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by nook.market with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.</p>
<p>Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and nook.market with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and nook.market with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be written in English.</p> Changes to Terms <p>nook.market reserves the right, in its sole discretion, to change the Terms under which nook.market is offered.
The most current version of the Terms will supersede all previous versions.
nook.market encourages you to periodically review the Terms to stay informed of our updates.</p>