Terms of Use

These Terms of Use were updated June 1, 2020

IMPORTANT: ALL USERS MUST READ THESE TERMS

 

Acceptance of Terms and Conditions. Please carefully read Best Nest Wellness’ Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing, purchasing from, or using www.BestNestWellness.com (the “Site"), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site.

 

BY USING THE SITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR ORDER ANY PRODUCTS THROUGH THIS SITE.

 

If you have any questions about these terms, contact us at hello@bestnestwellness.com.

 

 

PRODUCT USES

Health Related Information. The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with Best Nest Wellness) for diagnosing or treating a health problem or disease or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult your doctor before taking any products or otherwise engaging in any activities contained or discussed on the Site. You should carefully read all Best Nest Wellness product packaging prior to use.

 

Use by Minors. The products listed on this Site are for use by adults only. Best Nest Wellness does not recommend the use of any Best Nest Wellness products for anyone under the age of 14 unless specifically listed in the product description. Any use by individuals under the age of 14 should only be if the individual is closely monitored by a medical professional and at the medical professional’s direction. Any use by individuals between 14 and 18 should only be at a medical professional’s direction.

 

Use of Other Products. Unless approved by your medical professional, Best Nest Wellness does not recommend the use of any Best Nest Wellness products if you are taking any medications or other dietary supplements unless specifically listed in the product description.

 

 

GENERAL

 

The Site. Best Nest Wellness allows you to purchase products from the Site. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account to purchase products from the Site, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.

 

Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Best Nest Wellness, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site and/or the purchase of any products through the Site. The Site may be viewed by anyone 13 and older, but only those 18 and older may purchase products through the Site.

 

Your Account. In order to purchase products through this Site, you may establish an account with Best Nest Wellness. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products through the use of the Site that occur under your account. You acknowledge and agree that Best Nest Wellness may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Best Nest Wellness is required to do so by law or legal process or if Best Nest Wellness determines, in its sole discretion, that such action is necessary to protect the rights of Best Nest Wellness, third parties, and other users of the Site or for purposes of responding to your request for customer service. Best Nest Wellness’ right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to look up previous orders, return defective products, and/or use other features of the Site may be limited.

 

Changes to the Terms of Use. Best Nest Wellness reserves the right to make any modification to these Terms of Use as Best Nest Wellness deems necessary or desirable without prior notification to you. Best Nest Wellness suggests, therefore, that you re-read our Terms of Use from time to time in order that you stay informed as to any such changes. If Best Nest Wellness makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account and/or purchasing products from Best Nest Wellness, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon Best Nest Wellness’ posting thereof.

 

Privacy Policy. Best Nest Wellness cares about your privacy. Best Nest Wellness’ Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Best Nest Wellness and that communications with Best Nest Wellness can never be guaranteed to be one hundred percent secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, Best Nest Wellness employs reasonable measures to protect your information from unauthorized use or disclosure. While Best Nest Wellness makes these reasonable precautions against loss or theft of data, neither Best Nest Wellness nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is Best Nest Wellness’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. 

 

 

PURCHASES

 

Minimum Age. All purchasers must be at least 18 years of age or older to purchase any products from the Site.

 

Products Descriptions. In describing and portraying our products on the Site, Best Nest Wellness attempts to be as accurate as possible. However, Best Nest Wellness does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Best Nest Wellness reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge there may be variations in color and/or size, either now or over time, due to the difference in what you see on a computer screen versus in real life. 

 

Processing Orders. Best Nest Wellness tries to process orders within 10 business days of receiving order information. Therefore, all orders are final except for delays caused by Best Nest Wellness. Delays in processing may occur when insufficient information is given by you regarding your order. Best Nest Wellness will notify you if there is a delay which will cause your order to not be processed for more than 10 days from the date the order was placed. If the delay is caused by Best Nest Wellness, you will be given the option to cancel your order. If the delay is caused due to missing information from you, Best Nest Wellness will process your order as soon as the missing information is received. All orders may be returned within thirty days.

 

Returns. Best Nest Wellness wants you to be fully satisfied with every item that you purchase from us. If you are not satisfied with an item that you have purchased, you may return the item within 30 days from the order date for a full refund of the purchase price, minus the shipping and handling. The item must be returned, unused or used, in good condition, in original boxes and with the original packing receipt to ensure full credit. Best Nest Wellness reserves the right, at our sole discretion, to reject any return that does not comply with these requirements or in cases where we suspect abuse.

 

Risk of Loss. Risk of loss transfers from the Best Nest Wellness to you at the time the order is shipped, and all claims of damaged products after shipment should be directed to the insurance provided with the order, if applicable. Best Nest Wellness recommends that you ship to a location where a person will be available to receive the package in person as no refunds will be given if delivery is confirmed but you do not receive the package due to theft or misplacement. 

 

Shipping. When you place an order with Best Nest Wellness, Best Nest Wellness may require verification of information prior to the acceptance and/or shipment of any order. Best Nest Wellness reserve the right, without prior notice, to limit the order quantity of any product, and/or to refuse selling products to any customer for any reason. Best Nest Wellness may refuse shipment to any location at any time for any reason.

 

Non-Continental US/International Shipping. At this time Best Nest Wellness only ships to locations in the United States. If you are outside of this area, please contact Best Nest Wellness for shipping availability.

 

Taxes. At this time, Best Nest Wellness only collects taxes from buyers at locations Best Nest Wellness is required to. If you are not charged sales tax, it is your responsibility to remit it to your local taxing authority.

 

Payment. Payment for all one-time products is processed through Paypal Payflow Pro Please refer to Paypal.com for information regarding the use of any personal information you submit through their Site.

Payment for all subscription products is processed through Braintree. Please refer to braintreepayments.com for information regarding the use of any personal information you submit through their Site.

 

 

Subscription Services

 

Subscription Services. Best Nest Wellness offers a subscription service where the Products you choose will be mailed monthly to you. By subscribing to our subscription service, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. To cancel your Monthly Billable Subscription at any time, you must login to your account and follow the cancellation procedures or call or email us and we will do it for you. Best Nest Wellness may submit monthly charges without further authorization from you until you provide notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Best Nest Wellness reasonably could act on any such notice, which is typically fifteen business days but may be more depending on the circumstances around your cancellation (i.e. cancellations between Christmas and New Year’s may take longer to process). You agree and acknowledge that Best Nest Wellness will bill your credit card on file prior to the monthly subscription of Best Nest Wellness’s products being sent to you. Should your billing method fail at any time, your monthly subscription will be suspended until your billing information is updated. 

 

Declined Credit Card. Should any charge to your credit card be declined, you will be contacted to update your credit card information. No additional monthly subscriptions products will be shipped until your credit card information is updated and your new credit card charge is approved.

 

Gift Subscriptions. You may place a subscription order on behalf of another person . Gift subscriptions are subject to the same terms except that they will be sent addressed to the person you request we send them to. They are subject to the same terms regarding terminating the subscription.

 

COVID-19. Due to COVID-19, shipping may be delayed for all subscription services. Best Nest Wellness uses best efforts to have your products shipped to you on a timely basis, you agree and acknowledge that the time your product spends in transit from Best Nest Wellness’s facility to you is out of the control of Best Nest Wellness.

 

 

Intellectual Property

 

Change in the Site, its Contents, and its Features. Best Nest Wellness reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or products offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities, such as discounts on products, to some or all users of the Site. Best Nest Wellness may discontinue disseminating any portion of information or category of information, including the products offered through the Sire. You agree that Best Nest Wellness shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, Best Nest Wellness may request additional information at any time by you to update or enhance the Site and/or to order products through the Site. 

 

Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or physical letter to Best Nest Wellness), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Best Nest Wellness a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that Best Nest Wellness may use any User Communication for any purpose in Best Nest Wellness’ sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Best Nest Wellness shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.

 

Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold Best Nest Wellness responsible or liable for any User Communication from another user that you access on the Site. Moreover, Best Nest Wellness reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Best Nest Wellness is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

 

Copyright and Trademarks. The Site is owned and controlled by Best Nest Wellness and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Best Nest Wellness. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE PAGES IN THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BEST NEST WELLNESS IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any Content without permission from Best Nest Wellness unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. Best Nest Wellness also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload or republish the Site’s Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. Best Nest Wellness does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Best Nest Wellness and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Best Nest Wellness, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Best Nest Wellness, unless otherwise stated. 

 

Copyright and Trademark Complaints. Best Nest Wellness respects the intellectual property rights of others. Best Nest Wellness is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and Best Nest Wellness requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or place on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Best Nest Wellness receives proper Notification of Alleged Copyright Infringement, Best Nest Wellness promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info at BestNestWellness.com to report infringement of your copyright. Best Nest Wellness may, at its sole discretion, terminate users who are deemed by Best Nest Wellness to have committed copyright infringement, whether or not there is any repeat infringement. 

 

Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by Best Nest Wellness ("Third Party Sites") as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or products belonging to or originating from third parties (the "Third Party Content"). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and Best Nest Wellness cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by Best Nest Wellness. Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Best Nest Wellness. Best Nest Wellness is not responsible for any Third-Party Sites accessed through the Site or any content posted by any users on this Site or any Third-Party Sites regarding Best Nest Wellness. If you decide to leave the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that Best Nest Wellness’ Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from this Site.

 

 

Warranties/Disclaimers

 

Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER BEST NEST WELLNESS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE EXCEPT AS EXPLICITLY STATED HEREIN. THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BEST NEST WELLNESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL BEST NEST WELLNESS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, BEST NEST WELLNESS, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. BEST NEST WELLNESS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE IN BEST NEST WELLNESS’ SOLE OPINION CAN AND MAY BE TAKEN DOWN BY BEST NEST WELLNESS. MOREOVER, BEST NEST WELLNESS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT BEST NEST WELLNESS DEEMS UNSUITABLE.

 

PRODUCT LIABILITY. IN NO EVENT WILL BEST NEST WELLNESS BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT USE OF ANY PRODUCTS MAY BE HAZARDOUS AND CAUSE SERIOUS PHYSICAL HARM OR EVEN DEATH. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS BEST NEST WELLNESS FOR ANY INJURIES OR DEATH CAUSED BY THE USE OF SUCH PRODUCTS.

 

Limitation on Damages. If any part of these disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Best Nest Wellness is otherwise found to be liable to you in any manner, then Best Nest Wellness’ aggregate liability for all claims under such circumstances for liabilities shall be the lesser of fifty United States dollars or the total amount of dollars paid to Best Nest Wellness for products purchased in the six months prior to the date the dispute arose. You agree to defend, indemnify, and hold harmless Best Nest Wellness, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; (3) a violation by you of applicable law, (4) any agreement or terms with a third party to which you are subject, and/or (5) the misuse of a product purchased from the Site by you or a third party.

 

Termination

 

Either you or Best Nest Wellness may terminate these Terms of Use at any time. You may terminate these Terms of Use by ceasing all use of the Site, including not purchasing any further products through the Sire. Best Nest Wellness may terminate these Terms of Use by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any products from Best Nest Wellness prior to termination and such products have been shipped to you, you will still be required to remit payment for such products. If you have purchased any products from Best Nest Wellness prior to termination and suchither you or Best Nest Wellness may terminate these Terms of Use at any time. You may terminate these Terms of Use by ceasing all use of the Site, including not purchasing any further products through the Sire. Best Nest Wellness may terminate these Terms of Use by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any products from Best Nest Wellness prior to termination and such products have been shipped to you, you will still be required to remit payment for such products. If you have purchased any products from Best Nest Wellness prior to termination and such products already being processed, you shall be required to pay for the products. 

 

 

Miscellaneous

 

Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

 

Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Best Nest Wellness. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado. 

 

Indemnity. You agree to indemnify and hold Best Nest Wellness, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any use of the Site or the purchase and/or use of the products sold through the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party. 

 

Electronic Communications. You consent to receive electronic communications from Best Nest Wellness either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

 

Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

 

Time for Claims. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OF THE PRODUCTS, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.