Terms of Service
Effective date August 1, 2017
Thank you for visiting nathanjames.com (the “Site”). Bluefyn Inc., which does business as Nathan James and Nathan James Home, operates the Site and provides services through the Site, but we’ll just go by “Nathan James”, ”we”, or “us”. We know these types of documents can get pretty dense, but it is important that you read this, so we’ll do our best to keep it an easy read. We will also just refer to both the Site and the services available through the Site as the “Services”.
Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms”) and our Privacy Policy. Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them, please contact us at Legal@nathanjames.com
Things move quickly in the world. so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at anytime. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. However, even non-adults deserve beautiful furniture, so if you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outlined in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer the Services only for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
Privacy
Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.
Account Registration
You can maneuver most of the Services without creating a user account (“Account”). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person’s Account or registration information for the Services without proper permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
Although we hope to stay with you on your long journey to great home decor, we understand that your road may take you away from Nathan James for various reasons. If it does, you can delete your Account by emailing us at Legal@nathanjames.com
Intellectual Property
If you use the Services, you get beautiful furniture or home decor. You do not get any of our intellectual property.
Imitation may be the true form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including without limitation all designs, illustrations, photographs, videos, and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Nathan James or our licensors and is protected by United States, Canada and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Nathan James, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated bots or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services or have any copyright infringement concerns, please contact us at Legal@nathanjames.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
You agree to our Messaging Terms and Messaging Privacy Policy.
RISK OF LOSS
Since we use multiple 3rd party carrier services and we have all seen what they can do with a package, we can’t be responsible for what occurs after we hand it off to them. All items purchased from Nathan James are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS AND REFUNDS
Nathan James does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return, in this situation, Nathan James does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
PRODUCT DESCRIPTIONS
We try hard but occasionally we can get it a fat finger and make some mistakes. Nathan James endeavours to be as accurate as possible, however, mistakes happen. Nathan James does not warrant those product descriptions or other content on Services is accurate, complete, reliable, current, or error-free. If a product offered by Nathan James is not as described, your sole remedy is to return the product in its unused condition according to the Returns Policy.
PRICING
Except where noted otherwise, the Retail Price, List Price or Suggested Price displayed for products on the Services represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Retail Price, List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Retail Price, List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
SITE ACCESS and USE
Please don’t do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:
- Engage in any activity directly or indirectly which undermines the integrity (as determined by us in our sole discretion) of the computer systems, infrastructure networks and/or other electronics of Nathan James or its third party providers;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services;
- resell or make any commercial use of the Services or any of the Service content;
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including without limitation any Marks, in any form or by any means, including—but not limited to—electronic, mechanical, recording or otherwise;
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering, harvesting and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services;
- Or otherwise, take any action in violation of this Terms of Use or our Privacy Policy.
Licenses you Grant to Nathan James
It is important to hear from you. Occasionally, you may see areas of the Services where you can post information, reviews or communicate with us or other members of the community.
These communication areas may be in the form of social media posts, discussion boards, chat rooms, reviews, comment areas, forums, news groups, or similar communications facilities.
Most importantly, we want you to know that you keep all ownership and/or license rights in your User Content (defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing to us. However, when you provide your User Content to us, we need to have the right to do some things with it as described below.
In addition to giving Nathan James a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
The short of it is that if you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don’t agree to these conditions, then please don’t provide the content and/or materials to us.
User Content you submit
We need you to assure us of certain things about your submissions so that you don’t get us into trouble. (Thank you, in advance.) When you submit User Content, you represent and warrant (in laymen terms “pinky promise”) that
- you hold all the necessary right, title, and license to such material and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (in other words, you didn’t take it from someone else without their permission);
- And all User Content you provide is accurate, complete, up-to-date, and not misleading
In addition, any User Content must not
- Include any profanity, indecent, or pornographic material;
- contain any unauthorized or unsolicited advertising, such as spam;
- contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
- impersonate any person or entity (we appreciate you for being you!);
- or include anyone’s identification documents or sensitive financial information.
Third-Party Content
You may see a lot of different content on the Services. Some of this content will come from other users and/or sources outside of Nathan James. All content, including User Content and third-party content, is the responsibility of the party that creates it. Nathan James does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties - unless otherwise stated. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Nathan James.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third-party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk. The internet is powerful, but as we know with great power comes great responsibility.
Designing and manufacturer furniture at the best possible price keeps us pretty busy around the Nathan James offices, but we still try to stay on top of things happening around the Services. We may review content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Nathan James will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Nathan James or another party provides it.
DISCLAIMER
You understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Services;
- what content you access via the Services;
- what effects the content may have on you;
- how you may interpret or use the content; or
- what actions you may take as a result of your exposure to the content.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NATHAN JAMES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY NATHAN JAMES OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, NATHAN JAMES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NATHAN JAMES OR ANYONE REPRESENTING NATHAN JAMES (DIRECTORS, AFFILIATES, OFFICERS, AND EMPLOYEES) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR NATHAN JAMES SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NATHAN JAMES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
We really hope we won’t ever have to do this, but we do reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue. If you feel that you were terminated accidentally, please contact us atHelp@nathanjames.com
Governing Law
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of products and/or services from Nathan James. Any infraction of the Terms shall be governed by the laws of Quebec and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and Nathan James each agree to submit to the personal and exclusive jurisdiction of the courts located within Quebec, Canada.
Severability
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Entire Agreement
These Terms constitute the entire agreement between you and Nathan James and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to these Services. Any rights not expressly granted herein are reserved.
Miscellaneous
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our written consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
Nice! you made it to the end! We know it wasn’t that short (or especially interesting).
Thank you for reading.