Terms & Conditions, & Privacy Policy
This "Website" means the website located at the URL nineoaksestate.com and includes the entirety of both the Nine Oaks Estate owned and operated by Nine Oaks LLC (referred to in these Terms and Conditions as “Nine Oaks,” the “Company,” “we” or “us”).
These terms and conditions govern your access to and use of this website as well as all transactions conducted on or through this website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND OUR PRIVACY POLICIES CAREFULLY BEFORE USING THIS WEBSITE.
Terms of Use
By accessing and using this website, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defence against all remedies contained herein. If you disagree with any part of these Terms and Conditions, please do not use this website.
Website Changes & Updates
Nine Oaks Estate reserves the right, in Nine Oaks Estate’s sole discretion, to change the Nine Oaks Website and its content for any lawful purpose, including changes to enhance or correct any inaccuracies contained on it. Nine Oaks also reserves the right to modify these Terms and Conditions and the Privacy Policy, without prior notice. Your use of this website, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please review these Terms and Conditions regularly.
Access to this Website
You must be eighteen (18) years or older to use this website, including registering for an account and purchasing goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website, and agreeing to the Terms and Conditions, you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
To access this website or some of the products and resources offered, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this website that all the information you provide to Nine Oaks be true, accurate and current. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our Privacy Policy.
You will receive a password after you have completed an account registration form and provided the required account information. This information will not be stored if you check out as a guest. You agree to maintain the security of your account on our website, including the confidentiality of your password and account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Use of this Website
Online Conduct. You agree to use the Nine Oaks Website only for lawful purposes and not to engage in any conduct that restricts or inhibits any other user from using or enjoying the Website. You shall not post on or transmit through the Nine Oaks Website: any defamatory or abusive statements; statements that threaten the persons of others; advertising or other forms of solicitation; or statements that are bigoted, hateful, racially offensive, or that endorse or advocate illegal activity. You agree not to engage in any conduct in connection with your use of the Nine Oaks Website that is anti competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Nine Oaks Website or its functionality. You shall not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature.
You may access and use this website for purposes expressly permitted by Nine Oaks. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without the express prior written permission of an authorized representative of Nine Oaks. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible through this website.
Hyperlinks
No Endorsement. Nine Oaks LLC does not endorse any products or services of other parties appearing on, or accessible through, the Nine Oaks LLC Website. References on the Nine Oaks LLC Website to any such products or services or the inclusion on the Nine Oaks LLC Website of links to, or frames of, the web sites or computer systems of any third parties does not constitute or imply an endorsement by Nine Oaks LLC of such products, services, websites or systems. Nine Oaks LLC makes no representation or warranty with respect to, and is not responsible for the quality of, the products, services, websites or computer systems provided by third parties that may be referred to on, or accessible through, the Nine Oaks LLC Website.
Intellectual Property.
The materials contained on the Nine Oaks LLC Website are proprietary to Nine Oaks LLC, its affiliates and/or third parties. These materials are protected under federal and state intellectual property laws. Nine Oaks LLC grants you a limited, revocable, non exclusive and non transferable license to use and display the materials only on your computing device and only for those limited purposes associated with your interaction with the Nine Oaks LLC Website. Except as stated herein, you have no right to copy, download, display, perform, decompile, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. You agree not to "link," "frame" or "mirror" the Nine Oaks LLC Website, or any material contained on or accessible from the Nine Oaks Website, on or from any other server or device without the advanced written authorization of Nine Oaks LLC. This limited license terminates automatically, without notice to you, if you breach any of these terms and conditions. This limited license may also be terminated at any time in Nine Oaks Estate’s sole discretion upon notice to you. Upon termination, you must immediately destroy any downloaded and printed materials.
Submissions; Participation Disclaimer
Nine Oaks LLC does not and cannot review all communications and materials posted to or created by users accessing the site. It is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Nine Oaks LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, Nine Oaks LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Nine Oaks LLC in its sole discretion.
Indemnity
Indemnification by Member. Member agrees to indemnify and defend Nine Oaks LLC and its affiliates and their officers, directors, and employees and agents from and against all third party claims and lawsuits arising out of or relating to Member’s use of the Nine Oaks LLC Member Only Site or the Nine Oaks Website Services. If any such claim or lawsuit is asserted against Nine Oaks, Nine Oaks LLC will tender the claim or lawsuit to Member for defense. Member and Nine Oaks LLC shall cooperate in good faith in defending any such claim or lawsuit, consistent with each party’s legal rights, including their respective right to assert the attorney/client privilege.
Limitation on Liability
In no event shall any indemnified parties be liable for ANY ACTUAL, consequential, incidental, DIRECT, indirect, PUNITIVE, EXEMPLARY, special, OR OTHER DAMAGES, including without limitation loss of revenue OR INCOME, profits, value or use, PAIN AND SUFFERING, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH damages. NO PERSON IS AUTHORIZED ON BEHALF OF Nine Oaks LLC TO GIVE ANY OTHER REPRESENTATIONS, OR TO MODIFY OR EXTEND the LIMITED WARRANTIES PROVIDED ON THIS WEBSITE, OR TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THIS WEBSITE OR THE PRODUCTS OFFERED FOR SALE BY Nine Oaks LLC. in no event SHALL THE COLLECTIVE OR total liability of the indemnified parties TO ANY PARTY for any claim (REGARDLESS OF THE FORM OF ACTION, whether in contract, warranty, tort OR OTHERWISE, excluding willful misconduct or gross negligence) exceed the price PAID FOR the product or service which gives rise to such claim.
Nine Oaks LLC shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this site.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event willNine Oaks LLC’s liability for products purchased from this site exceed the price paid for such products, including any shipping and handling charges.
Disclaimer of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE Nine Oaks LLC WEBSITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. NEITHER Nine Oaks LLC NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY SYSTEMS, SOFTWARE INFORMATION, OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE WEBSITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Nine Oaks LLC OR THROUGH THE Nine Oaks LLC WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.
Nine Oaks LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THE WEBSITE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE. Nine Oaks LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION PRODUCT INFORMATION PROVIDED IN TECHNICAL DATA SHEETS OR MATERIAL SAFETY DATA SHEETS. IN NO EVENT SHALL Nine Oaks LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OR ACCESSED THROUGH THE WEBSITE OR THE INTERNET GENERALLY.