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Nancy Boy, Inc. Home » Customer Service
NANCY BOY, INC.
TERMS AND CONDITIONS OF USE
Welcome to the NANCY BOY (TM) website.
This Website is operated by Nancy Boy, Inc., a California corporation
("Nancy Boy") to allow its Customers to shop online for NANCY
BOY (TM) products.
These Terms and Conditions of Use are the contract between you as the
Customer and Nancy Boy, Inc. concerning access to and use of this website.
You must read these Terms and Conditions of Use, and if you are using
this web site, you are agreeing to all the Terms and Conditions of Use
stated here.
Nancy Boy reserves the right to change these Terms and Conditions of
Use, in whole or in part, at any time with or without notice, and you
should review these Terms and Conditions of Use then posted each time
before using this Website. Each time you access this Website, your access
and use will constitute your agreement and consent to these Terms and
Conditions of Use in the form then posted. Nancy Boy may limit or terminate
your access to this Website at any time without prior notice to you.
1. ORDERING PRODUCTS.
a. Orders.
Orders for NANCY BOY (TM) products are accepted only through this Website.
b. Payment; Shipping.
Any purchases made through this Website must be paid for at the time
of order by duly authorized use of a valid credit card. No order will
be shipped unless and until appropriate approvals from the lender issuing
the credit card have been received; any charges denied will be the responsibility
of the person placing the order. All prices quoted on this Website [do
not] include shipping, handling, delivery and insurance costs or any sales,
use or delivery charges and duties, for which you are solely responsible
and which will be added to the product price indicated in this Website.
See the order form on this Website for more details; if you place an order
through this Website, you are agreeing to the terms and conditions on
the order form, but these Terms and Conditions of Use will control in
the event of a conflict between the order form and these Terms and Conditions
of Use. Risk of loss and title for any products ordered through this Website
passes to you upon delivery by Nancy Boy or its agent to the common carrier.
For information about security of orders placed through this Website,
see below.
c. Shipment Territory.
The products offered through this Website are currently available for
shipment only to destinations within the United States and are not approved
for delivery or resale outside that geographic territory. The prices displayed
on the Website are quoted in U.S. dollars and are valid and effective
only in the U.S.
d. Refund and Return Policies.
Should you be dissatisfied with products purchased
from Nancy Boy, the purchase price (plus any
applicable sales tax) will be refunded to you in the
form of a credit on the credit card that was used for
the original purchase. Original shipping costs are
non-refundable. Nancy Boy, at its sole discretion,
may require the return of products to Nancy Boy in San
Francisco. Actual return shipping costs may be
reimbursed, again at Nancy Boy's sole discretion.
2. PRIVACY POLICY; SECURITY.
a. Privacy Policy.
Nancy Boy makes commercially reasonable efforts to preserve the confidentiality
of personal data about you. Nancy Boy will not collect personal data about
you unless you provide it to us or we acquire it from third party information
providers, however we also collect data about you when you access this
Website, including data identifying your server address, Web browser and
computer system, which enables us to operate this Website through the
internet
We may use personal data about you which is in our possession for some
or all of the following purposes:
i. To process, bill, ship, track, confirm and fulfill orders you place
with us, either directly or through our agents.
ii. To track previous purchases to customize our ability to provide
you with products suited to your preferences.
iii. To send you information and updates on products you may find of
interest.
iv. To operate this Website via the internet.
v. As required by duly authorized law enforcement authorities.
vi. To limit or terminate your access to this Website if you do not
adhere to these Terms and Conditions of Use.
We may keep copies of your emails and orders to us for recordkeeping
and billing purposes.
If you do not want Nancy Boy to contact you with information and updates
on products you may find of interest, send us an email to the email address
specified in Section 9 of these Terms and Conditions of Use, with your
name, address, email address and telephone number and we will remove you
from our information and updates list. It may take up to 8 weeks to do
so.
Nancy Boy may provide aggregate data which includes information about
our Customers but which does not identify them personally, in order to
inform our affiliates, lenders, investors or other third parties generally
about our business.
Except as specified above, your name, address, telephone number, e-mail
address or other information will not be provided to any third party without
your prior consent.
b. Yahoo! Store
Parts of this web site are hosted by Yahoo! Store. Yahoo! hosts the store
pages, ordering system, and order data. Yahoo! automatically collects
order information but may only use this information in the aggregate.
If you accessed this store through Yahoo! Shopping, Yahoo! also automatically
collects information about your shopping experience. Please see the
Yahoo! Privacy Policy for more information about how Yahoo! uses this
information.
c. Cookies.
Cookies are pieces of information that a website can transfer to a visitor's
hard drive for record-keeping purposes. We reserve the right to use cookies
in connection with your use of this Website. If you order products through
this Website, we may use cookies on your computer terminal or other access
device to monitor and maintain information about your use of this Website
and the products you purchase. If you do not accept cookies when accessing
this Website, we will not be able to track or fulfill any order you may
place for products.
d. Children's Privacy.
If Nancy Boy becomes aware that an individual who has provided personal
data to this Website is under the age of 13 and has not provided verifiable
parental consent, we will make commercially reasonable efforts to delete
the child's information from our existing files.
e. Correcting or Removing Your Information.
If you wish to verify, change, correct or remove personal data which
we have about you, send us an email to the email address specified in
Section 9 of these Terms and Conditions of Use. Once we verify your identity,
it may take up to 8 weeks to comply with your request.
f. Links to Other Websites.
We cannot ensure the protection of any personal data that you provide
to any third-party website that links to or from this Website, because
these third-party sites are not under our control. Any personal data that
you provide to these third-party websites will be regulated by their privacy
policy, if any. Nancy Boy is not responsible or liable for the content,
practices, actions or policies of these third-party websites. These Terms
and Conditions of Use apply only to this Website. Nancy Boy does not endorse,
recommend or guarantee any other website or its products or services,
and you access and use those links and other websites solely at your own
risk.
g. Security of Customer Orders.
Nancy Boy uses a technology called Secure Sockets Layer (SSL). If your
browser supports SSL, your personal information will be encrypted before
transmission to Nancy Boy over the internet. We do not store your credit
card information on our internet server, but instead in a file maintained
by Nancy Boy or its agent.
3. SUBMISSIONS TO NANCY BOY.
While we do not solicit product ideas or improvements from our Customers,
Nancy Boy would be happy to hear from you with any comments or suggestions
to you might have about our products and our business. If you send or
submit anything to Nancy Boy, whether as suggestions, comments, feedback,
ideas, opinions, concepts, graphics, text, drawings, or other materials
(collectively, "Submissions"), all Submissions will be and remain
the property of Nancy Boy and shall constitute an assignment to Nancy
Boy of all worldwide right, title, and interest in all copyrights and
other intellectual property rights in and to the Submissions. Nancy Boy
will not be limited in its use of the Submissions (whether commercial
or otherwise), if any use if made, and Nancy Boy is under no obligation
either to use or respond to the Submissions or to credit or compensate
you in any way.
4. CUSTOMER'S RESPONSIBILITIES.
a. You agree to comply with these Terms and Conditions of Use as well
as all applicable laws and regulations applicable to the use of this Website,
the internet and commerce generally, including without limitation laws
relating to ownership, protection and use of intellectual property such
as trademarks and copyrights, United States export regulations, and the
import and product approval regulations of other countries.
b. You are wholly responsible for use of this Website by any person
using your computer terminal or other access device.
c. You agree to use this Website only for its intended and lawful purposes.
d. You agree not to disrupt, interfere with or compromise the security
or operations of this Website, of Nancy Boy or of its Customers, nor to
attempt to do so.
e. You agree not to attempt to obtain access to any portion of this
Website or any computer, server, account, network, software and/or hardware
associated with the Website, with Nancy Boy or with its Customers, from
which you are restricted.
f. You warrant that all information you provide to gain access to this
Website is accurate and truthful.
5. OWNERSHIP OF WEBSITE CONTENTS and INTELLECTUAL PROPERTY.
This Website is operated by Nancy Boy, Inc., a California corporation.
NANCY BOY and the Daisy Logo appearing in this Website are trademarks
of Nancy Boy, Inc., and may not be used without the express prior written
consent of Nancy Boy, Inc. except as provided herein.
Except as noted, all contents of this Website, including without limitation
trademarks, trade names, trade dress, logos, text, graphics, images, illustrations,
designs, icons, button icons, photographs, product labels, product names,
packaging, page headers and footers, video or audio clips, database contents
and structure, and other materials that are part of or depicted in this
Website pertaining to the business or products of Nancy Boy (collectively,
the "Contents"), as well as the compilation and arrangement
of the Contents, are protected under the copyright, trademark, trade secret,
trade dress and/or other intellectual property laws of the United States
and the State of California, as is the whole of this Website. All other
trademarks, service marks, links to other websites and other business
or company names or logos included in this Website are the property of
their respective owners.
The Contents and their compilation and arrangement may not be copied,
reproduced, distributed, republished, uploaded, displayed, mirrored, posted,
transmitted, have derivative works created from them or otherwise exploited
in any way whatsoever, in whole or in part, except as specifically provided
in these Terms and Conditions of Use. You may download material from this
Website for your own personal, non-commercial use, provided that you agree
to and do abide by any copyright notice or other restrictions contained
in any material included in or accessed through this Website and include
any author attribution, copyright or trademark notice or restriction in
any such material that you download. You may not use such downloaded material
for any commercial purpose or change it in any way, and no right, title,
or interest in any downloaded materials or software is transferred to
you as a result of any downloading or copying. If you use material from
this Website in any way other than that expressly permitted in these Terms
and Conditions of Use, then any permission granted herein automatically
terminates upon such misuse, and you must destroy all copies of all materials
obtained from this Website.
6. DISCLAIMERS AND LIMITATIONS ON LIABILITY; SOLE REMEDY.
a. DISCLAIMERS.
THIS WEB SITE IS PROVIDE "AS IS" AND "WHEN AVAILABLE."
NANCY BOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY), CONCERNING
THE OPERATION OR USE OF, OR AVAILABILITY OF ACCESS TO, THIS WEBSITE, ITS
CONTENTS OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE CONTENTS OF THIS
WEBSITE ARE ACCURATE, COMPLETE, OR CURRENT. NANCY BOY EXPRESSLY DISCLAIMS
ANY DUTY TO UPDATE OR REVISE THE CONTENTS OF THIS WEBSITE, BUT MAY AMEND,
CHANGE OR MODIFY THE CONTENTS WITH OR WITHOUT NOTICE AT ANY TIME AND FROM
TIME TO TIME.
NANCY BOY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL
SENT FROM NANCY BOY OR ITS AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ACCESS AND USE THIS WEB SITE SOLELY AT YOUR OWN RISK AND
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
ACQUISITION, SERVICING AND REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF THIS WEBSITE. COLORS APPEARING ON THIS WEBSITE MAY BE
DISTORTED BY YOUR COMPUTER MONITOR AND NANCY BOY IS NOT RESPONSIBLE FOR
SUCH VARIATIONS.
This Website may contain links to other websites not under the control
of Nancy Boy. Nancy Boy assumes no responsibility for those websites and
provides the links solely as a courtesy and convenience for Customers.
Nancy Boy has not verified the claims or products of any linked websites,
and if you access or use those links and the associated websites, you
do so at your sole risk.
Unless otherwise specified, the Contents of this Website are presented
solely for the purpose of promoting products available in the United States
and its territories and possessions. Nancy Boy makes no representation
that the Contents of this Website are appropriate or available for use
outside the United States, and anyone accessing or using this Website
from outside the United States does so on that party's own initiative
and choice and is solely responsible for compliance with any laws of other
jurisdictions which may apply to such access or use.
YOUR SOLE REMEDY AGAINST NANCY BOY IS A REFUND OF THE PRICE PAID FOR
ANY PRODUCTS YOU PURCHASED THROUGH THE WEBSITE FROM NANCY BOY.
b. LIMITATION OF LIABILITY.
NANCY BOY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OF THIS WEBSITE. NEITHER NANCY BOY NOR ANY
PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR
UPDATING THIS WEBSITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND/OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF
FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF
PROFITS, BREACH OF SECURITY, UNAUTHORIZED OR ACCIDENTAL DISSEMINATION
OF PERSONAL DATA, DEFECTS, VIRUSES, AND/OR DELAYS, ANY OF WHICH RESULT
FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION
NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS,
NANCY BOY'S NEGLIGENCE OR YOUR OWN NEGLIGENCE, ERRORS AND/OR OMISSIONS,
OR ANY OTHER CAUSE, EVEN IF NANCY BOY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY SECTION APPLIES
TO ALL CONTENTS OF THIS WEBSITE AS WELL AS PRODUCTS AND SERVICES AVAILABLE
THROUGH THIS WEBSITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION
OF LIABILITY FOR DAMAGES IS PROHIBITED OR LIMITED, NANCY BOY'S LIABILITY
IS LIMITED ONLY TO THE EXTENT REQUIRED BY THAT JURISDICTION.
c. Indemnification.
You agree to indemnify and hold harmless Nancy Boy and its officers,
directors, shareholders, employees, agents and affiliates (collectively,
"Affiliates") for any claims, damages, losses, costs, or expenses
(including reasonable attorney fees and costs) that Nancy Boy may incur
as a result of your access to or use of this Website. You also agree to
indemnify Nancy Boy and its Affiliates from any claims, damages, losses,
costs or expenses that result from your use or misuse of this Website
and its Contents and your access and connection to it, as well as from
your violation of these Terms and Conditions of Use or of the rights of
any other party.
7. AMENDMENT of TERMS AND CONDITIONS OF USE.
By using this web site, you agree to this Terms and Conditions of Use
as well as any posted changes of this Terms and Conditions of Use. Nancy
Boy reserves the right to amend, change or otherwise modify these Terms
and Conditions of Use at any time and from time to time, with or without
notice to anyone. If these Terms and Conditions of Use are amended, changed
or modified, then you are bound by those changes upon your next access
to or use of this Website. You should review these Terms and Conditions
of Use periodically for any such modifications. Nancy Boy reserves the
right to make changes not only to these Terms and Conditions of Use but
also to the Contents of this Website and the products and services offered
through this Website, with or without notice, at any time and from time
to time. Nancy Boy reserves the right to terminate access to and use of
this Website in whole or in part, as to one or more parties at any time
in its sole discretion.
8. ENABLING PROVISIONS.
a. No Joint Venture or Partnership. These Terms and Conditions of Use
contemplate only the use of this Website to allow its Customers to shop
online for NANCY BOY (TM) products. No joint venture, partnership or other
such arrangement with Nancy Boy shall be inferred or implied solely by
reason of such access and use by any party.
b. Section Headings. The section headings used in these Terms and Conditions
of Use are for reference and convenience only and shall not constitute
part of the Terms and Conditions of Use for purposes of interpretation
or enforcement.
c. Terminology. "We," "us," "our" and
"Nancy Boy" refer to Nancy Boy, Inc., a California corporation.
"You," "your" and "Customer" refer to any
party other than a duly authorized representative of Nancy Boy who accesses
this Website.
d. Controlling Law; Dispute Resolution; Attorney Fees. Nancy Boy controls
and operates this Website from its offices in San Francisco, California.
These Terms and Conditions of Use shall be controlled by and interpreted
under the laws of the State of California, without regard to its conflicts
of laws principles. Those parties accessing this Website from other jurisdictions
do so by their own choice and are solely responsible for their personal
compliance with the laws of other jurisdictions to which they may be subject.
Any dispute arising out of or relating to these Terms and Conditions
of Use and the purchase or use of products offered through this Website
shall be heard exclusively in the courts located in the City and County
of San Francisco, California. Those accessing this Website hereby irrevocably
consent to such location as the sole and exclusive venue (and to personal
jurisdiction of the courts located there) for the purposes of resolving
or litigating any dispute.
The prevailing party in any dispute hereunder shall be awarded reasonable
attorney fees and costs in connection with such dispute.
e. Severability. If any provision of these Terms and Conditions of Use
shall be found unlawful, void or for any reason unenforceable by a court
of competent jurisdiction, then that provision shall be rewritten to the
least extent necessary to make the provision enforceable. If the provision
cannot be rewritten, then the provision shall be deemed severed from these
Terms and Conditions of Use and the remaining provisions shall be read
and interpreted so as to support the original intention of the parties.
f. Survival. All consents, agreements, covenants, representations and
warranties of Nancy Boy and of those accessing this Website shall survive
such access.
g. Integration. These Terms and Conditions of Use constitute the entire
agreement regarding the subject matter of this Website as between Nancy
Boy and those accessing this Website during the time this version of the
Terms and Conditions of Use are posted, and such Terms and Conditions
of Use shall not be modified except in writing, signed by both parties.
h. No Waiver. The waiver of any provision of these Terms and Conditions
of Use shall not be considered a waiver of any other provision or of Nancy
Boy's right to later require strict adherence to each of these Terms and
Conditions of Use.
i. Notice. Any notice to be given to Nancy Boy under these Terms and
Conditions shall be given by first class mail, certified, charges prepaid,
to the regular mail address given in Section 9 of these Terms and Conditions
of Use. Such notice shall be effective on the third day following deposit
in the US Mail. Any notice to be given to a party accessing this Website
shall be given as Nancy Boy may determine to that party at any of the
following addresses provided, directly or indirectly, by the accessing
party to Nancy Boy: (i) any email or internet protocol address, (ii) any
credit card billing address, and/or (iii) any shipping address. Such notice
shall be deemed effective on the next day following dispatch under subsection
(i) or on the third day following deposit in the US Mail, first class,
certified, charges prepaid, under subsection (ii) or (iii) above.
9. HOW TO CONTACT NANCY BOY.
This website is operated by Nancy Boy, Inc., a California corporation.
You can contact us by e-mail at contact@nancyboy.com
or by regular mail at 375 Alabama St., Suite 215, San Francisco, CA 94110.
Nancy Boy does not accept orders submitted by mail or by any means other
than the order form contained in this Website.
All Website design, text, graphics and other content and the selection
and arrangement thereof, Copyright © 2003 Nancy Boy, Inc. All rights
reserved.
NANCY BOY and the Daisy Logo are trademarks of Nancy Boy, Inc. All
rights reserved.
Date of last update: 4 October 2001
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