Terms & Conditions
Agreement between User
and https://shop.nwnprod.com/
Welcome
to https://shop.nwnprod.com/. The https://shop.nwnprod.com/ website (the
"Site") is comprised of various web pages operated by NWN Prod LLC ("NWN
Prod LLC"). https://shop.nwnprod.com/ is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of https://shop.nwnprod.com/
constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
https://shop.nwnprod.com/
is an E-Commerce Site.
NWN
Prod LLC engages in the sale of Records, CDs, tapes and music memorabilia.
Privacy
Your
use of https://shop.nwnprod.com/ is subject to NWN Prod LLC's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users
of our data collection practices.
Electronic
Communications
Visiting
https://shop.nwnprod.com/ or sending emails to NWN Prod LLC constitutes
electronic communications. 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.
Your Account
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 NWN Prod LLC is not responsible for
third party access to your account that results from theft or misappropriation
of your account. NWN Prod LLC and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Children Under Thirteen
NWN
Prod LLC does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you
may use https://shop.nwnprod.com/ only with permission of a parent or guardian.
Cancellation/Refund
Policy
NWN
Prod LLC offers refunds on any item.
Items returned because the purchaser changes their mind are shipped at the
purchasers expense. Items returned as defective, mis-shipped or owing to any
error on the part of NWN Prod LLC are at
the expense of NWN Prod LLC . Please see contact page for details on how to
reach us if you wish to initiate a return.
Links to Third Party
Sites/Third Party Services
https://shop.nwnprod.com/
may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of NWN Prod LLC and NWN Prod LLC 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. NWN Prod LLC is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by NWN Prod LLC of the
site or any association with its operators.
Certain
services made available via https://shop.nwnprod.com/ are delivered by third
party sites and organizations. By using any product, service or functionality
originating from the https://shop.nwnprod.com/ domain, you hereby acknowledge
and consent that NWN Prod LLC may share such information and data with any
third party with whom NWN Prod LLC has a contractual relationship to provide
the requested product, service or functionality on behalf of https://shop.nwnprod.com/
users and customers.
No Unlawful or
Prohibited Use/Intellectual Property
You
are granted a non-exclusive, non-transferable, revocable license to access and
use https://shop.nwnprod.com/ strictly in accordance with these terms of use.
As a condition of your use of the Site, you warrant to NWN Prod LLC that you
will not use the Site for any purpose that is unlawful or prohibited by these
Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Site.
All
content included as part of the Service, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Site, is the
property of NWN Prod LLC or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to
observe and abide by all copyright and other proprietary notices, legends or
other restrictions contained in any such content and will not make any changes
thereto.
You
will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the content,
in whole or in part, found on the Site. NWN Prod LLC content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of NWN Prod LLC and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of NWN Prod LLC or our licensors except as expressly
authorized by these Terms.
International Users
The
Service is controlled, operated and administered by NWN Prod LLC from our
offices 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 NWN Prod LLC Content accessed through https://shop.nwnprod.com/
in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
Indemnification
You
agree to indemnify, defend and hold harmless NWN Prod LLC, its officers,
directors, employees, agents and third parties, 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. NWN Prod LLC 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 NWN Prod
LLC in asserting any available defenses.
Arbitration
In
the event the parties are not able to resolve any dispute between them arising
out of or concerning these Terms and Conditions, or any provisions hereof,
whether in contract, tort, or otherwise at law or in equity for damages or any
other relief, then such dispute shall be resolved only by final and binding
arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or
a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrator's award shall be final, and judgment
may be entered upon it in any court having jurisdiction. In the event that any
legal or equitable action, proceeding or arbitration arises out of or concerns
these Terms and Conditions, the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any
arbitration under these Terms and Conditions will take place on an individual
basis; class arbitrations and class/representative/collective actions are not
permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN
THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,
unless both you and NWN Prod LLC agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability Disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. NWN PROD LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NWN
PROD LLC AND/OR ITS SUPPLIERS 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. NWN PROD LLC AND/OR
ITS SUPPLIERS HEREBY DISCLAIM 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.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NWN PROD LLC AND/OR ITS SUPPLIERS 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 NWN PROD LLC 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. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access
Restriction
NWN
Prod LLC reserves the right, in its sole discretion, to terminate your access
to the Site and the related services or any portion thereof at any time,
without notice. 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.
You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and NWN Prod LLC as a result of this agreement or use of the
Site. NWN Prod LLC's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of NWN
Prod LLC'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 NWN Prod LLC 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.
Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and NWN Prod LLC with respect to the Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and NWN Prod LLC 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 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.
Changes to Terms
NWN
Prod LLC reserves the right, in its sole discretion, to change the Terms under
which https://shop.nwnprod.com/ is offered. The most current version of the
Terms will supersede all previous versions. NWN Prod LLC encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us
NWN Prod LLC welcomes your questions or comments regarding the Terms.
NWN
Prod LLC
PO
Box 7055
Redwood City
CA 94063 USA
Email Address:
nwnprod@gmail.com
Effective
as of March 9, 2021