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PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Privacy Statement will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This Website is owned and operated by Road Nest, LLC, its subsidiaries, or its affiliates (referred to as Caress of Vacance, COV, "we," "us," or "our" herein). "] or "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by COV may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from COV, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of COV. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

SHIPPING AND RETURNS; RISK OF LOSS

By using this Website, you consent to all of our Shipping and Return policies. Please see our Shipping and Return policy. Any shipping, order, or product problems — including but not limited to missing items, incorrect items, damaged items, assembly issues, not to the customer's satisfaction — must be reported within 72 hours of package delivery by the carrier or attempted delivery to the address provided by the carrier. We are not responsible for any issues on any orders reported after this 72 hour threshold. Damage must be reported with photo evidence to our customer support team at caressofvacance@gmail.com within 72 hours of delivery or attempted delivery.

Any delivery dates or times shown as part of the checkout process are estimates only and not guaranteed. Risk of loss or damage to a product passes to the customer upon delivery of the product to our designated carrier. No signatures are required for any of our deliveries, unless specifically requested by the customer and paid for by the customer for a fee. Stolen packages are the responsibility of the customer. All sales on clearance items are final; these products are non-returnable.

USE OF WEBSITE

Impersonation of others, including a COV employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of COV, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of COV.

ACTIVITIES PROHIBITED ON THE WEBSITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. COV reserves the right to investigate and take appropriate legal action against anyone who, in COV's sole discretion, engages in any of the prohibited activities.

Prohibited activities include, but are not limited to, the following:

  • Using the Website for any purpose in violation of local, state, or federal laws or regulations;

  • Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

  • Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by COV in its sole discretion or pursuant to local community standards;

  • Posting Content that constitutes cyber-bullying, as determined by COV in its sole discretion;

  • Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;

  • Posting telephone numbers, street addresses, or last names of any person;

  • Posting URLs to external websites or any form of HTML or programming code;

  • Posting anything that may be "spam," as determined by COV in its sole discretion;

  • Impersonating another person when posting Content;

  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

  • Allowing any other person or entity to use your identification for posting or viewing comments;

  • Harassing, threatening, stalking, or abusing any person;

  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of COV, exposes COV or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

  • Encouraging other people to engage in any prohibited activities as described herein.

COV reserves the right, but is not obligated, to do any or all of the following:

  • Investigate an allegation that any Content posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;

  • Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;

  • Terminate a user's access to the Website upon any breach of these Terms of Use;

  • Monitor, edit, or disclose any Content on the Website; and

  • Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting COV as set forth below and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  • Your name, address, telephone number, and e-mail address.

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  • A signature or the electronic equivalent from the copyright holder or authorized representative.

  • Send this information by email to: caressofvacance@gmail.com

In an effort to protect the rights of copyright owners, COV maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of COV or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. Caress of Vacance is a registered trademark of Road Nest LLC. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. COV enforces its intellectual property rights to the fullest extent of the law.

WARRANTY DISCLAIMER

This Website and the materials, Widgets and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, COV disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COV does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. COV does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not COV) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall COV be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if COV or authorized representatives of Road Nest, LLC have been advised of the possibility of such damages. Use of product includes, but is not limited to, riding any of our products, including skateboards. Skateboarding is an inherently dangerous activity and can result in injury or death. You understand that adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one's abilities can increase these risks. You understand that these risks are present regardless of the safety precautions you may take. We recommend using safety equipment. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Road Nest LLC’s total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website and purchasing the product in question.

INDEMNIFICATION

As a condition of use of this Website, you agree to indemnify, defend, and hold harmless COV, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

PRODUCT ORDERS

All orders placed through this Website are subject to COV's acceptance. COV may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, COV shall issue you a refund.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, COV reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, COV shall issue a credit to your payment method account.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

CHANGE TO TERMS

We may make changes to these Terms and Conditions from time to time. Any changes made will be effective immediately and you will be subject to them if you use this Website, services or offered products. If you do not agree with any changes made, you must stop using this Website our Services.

© 2023 by Caress of Vacacne

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