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TERMS OF USE

Welcome to Nine After App (“Nine After”, “we” or “our”). These Terms of Use apply to www.nineafter.com (the “Site”), our mobile app (the “App”), and any social media accounts and/or channels (collectively, the “Site”). Your access to and use of the Site is subject to and governed by the Terms of Use set forth below and the Privacy Policy, which is incorporated herein. You may use the Site for lawful purposes only. By using, or buying from our Site, or by clicking “accept” or “agree” to the Terms of Use when this option is made available to you, you are agreeing to these Terms of Use.  If you do not agree to these Terms of Use, please do not make any use of the Site.  

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1. Access

By using our Site, you represent that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use.  If you are accessing the Site as an employee or agent, you represent that you have authority from that employer to do so.

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You may be required to create an account to access the Site, for example, to access certain content or purchase products. When creating your account, you must provide accurate and complete information. We may refuse to allow you to create an account a) using a username or email address that belongs to or is already being used by another person; b) that may be construed as impersonating another person; c) that violates the intellectual property or other rights of any person; d) that is offensive; or that we otherwise reject for any other reason in our sole discretion.  You are responsible for maintaining the confidentiality of any password you may use to access the Site, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Site, to any third party. You are solely responsible for the activity that occurs on your account including, without limitation, any charges incurred from the use of your account. You must notify us immediately of any breach of security or unauthorized use of your account. Nine After will not be liable for your losses caused by any unauthorized use of your account. You may be liable for Nine After’s, or a third party’s losses due to such unauthorized use.

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2. Restrictions

As a condition of your continued use of the Site, you shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site in any form or by any means; (e) modify, adapt or hack the Site or related systems or networks; (f) use any “page-scrape,” “deep-link,” “spider,” or robot or other automatic programs, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or in any way reproduce or circumvent the presentation or navigational structure of the Site; or (g) use the Site in a manner that violates any third party intellectual property or other rights.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms of Use.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.  

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3. User Content

By posting your information, feedback, suggestions, and any other content (“User Content”) on or through the Site, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site.  We have the right, but not the obligation, to monitor the Site and User Content.  We may remove or disable any User Content at any time for any reason, or for no reason at all.  We reserve the right to disclose User Content, and any information related to your User Content, to third parties in connection with the operation and provision of the Site, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, or subpoenas, and to protect the interests of Nine After where necessary. You also acknowledge that any User Content may not be returned and your User Content, and any ideas, concepts, or know-how contained therein, may be used by us without any payment, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products.  You hereby release Nine After from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any of your User Content.

 

4. Intellectual Property

Excluding any User Content that you may provide (defined above), you acknowledge that all the intellectual property rights, including, without limitation, copyrights, patents, trademarks, and trade secrets, in the Site and its Content are owned, or licensed, by Nine After at all times.  “Content” shall mean all information and content available on the Site (except User Content) and its “look and feel,” including but not limited to the Marks (as defined below), text, graphics, logos, button icons, images, audio/video clips, data compilations, software, and the compilation and organization thereof (collectively, the “Content”) is the intellectual property of or is licensed to Nine After. The reproduction and use of the Content by you is prohibited unless specific permission is provided by us.  Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.

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All trademarks, service marks, trade names, logos, graphics, page headers, button icons, scripts, and other designations (collectively the “Marks”) are the sole property of, or licensed by, Nine After. Nothing contained on this Site should be construed as granting any license or right to use any such Marks without the written permission of Nine After or such third party that may own the Marks displayed.  You will not use the Site, Nine After’s name, or Marks to use any meta tags or other hidden text or metadata utilizing a Nine After trademark, logo, URL, or product name without Nine After’s express written consent; or permit, encourage, assist, or allow any third party to violate these Terms of Use.

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We reserve the right, and you authorize us, to use and freely assign all User Content and any other information provided by you in any manner consistent with our Privacy Policy, which is incorporated into these Terms of Use by reference.

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All other trademarks not owned by Nine After that appear in connection with our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nine After.

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5. Third-Party Sites

 

Third-party sites linked through the Site are not under Nine After’s control and Nine After is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Nine After is not responsible for webcasting or any other form of transmission received from any linked site. Nine After is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of such links by Nine After.

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6. Product Information 

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All product features and specifications described or depicted on the Site are subject to change at any time without notice. We make reasonable efforts to accurately display a product’s features, including colors, but the actual color you may see may depend on your monitor or mobile device, and we cannot guarantee that your computer will accurately display such colors.

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7. Purchases

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When you purchase products using the Site, you are purchasing them from the third-party vendors/brands identified on our Site.  All products available for purchase through the Site are manufactured by or on behalf of our third-party vendors/brands, and not by or on behalf of Nine After.  Nine After has limited or no control over the quality, safety, legality, or suitability of any such product and assumes no liability with respect to any such product.

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If you place an order through our Site (each such order, an “Order”), you may be asked to supply certain information relevant to your Order, including without limitation your credit card number, your credit card verification, or other security code, the expiration date of your credit card, your billing address and your shipping information to our third-party payment processor (our “Processor”). Any such information provided to our Processor through the Site will be treated by Nine After in accordance with these Terms of Use and our Privacy Policy.  Please note that any payment transaction you conduct through our Site will be subject to our Processor’s terms of use, privacy policy, and other practices. By initiating any Order, you represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate such Order.

All Orders are subject to availability and confirmation of the order price, which is determined by the relevant vendor/brand. While we try to ensure that all details, descriptions, and prices that appear on the Site are accurate, as this information is provided to us by our vendors/brands, errors may occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or canceling it. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

We reserve the right, with or without prior notice, to (a) change product descriptions, images, and references; (b) limit the available quantity of any product; (c) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) prevent or prohibit any user or customer from making any or all Order(s); and/or (e) refuse to provide any user or customer with any product or service. Price and availability of any product offered through the Site are subject to change without notice. 

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You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes, customs, and duties that may be applicable to your Transactions.

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If you are accessing the Site from the UK or a country in the EU, the product prices advertised on the Site from vendors/brands located within the EU may or may not be inclusive of the VAT charged by the relevant vendor/brand. Delivery costs are not included in the prices and will be additionally charged. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address.

For US customers, Nine After will charge and collect applicable sales or use taxes on purchases made through the Site. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your applicable taxing authorities.

 

8. Refunds and Returns

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Refunds and returns will be subject to Nine After’s refund and return policies then in effect.


Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to Nine After (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.
 

9. Delivery 

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The estimated delivery date of the products will be described in the product description and/or upon checkout. The product(s) will be delivered to you directly by the vendor/brand, so your order may arrive in multiple deliveries and at different times. Delivery times may vary depending on the availability of the products and your delivery address. Nine After shall not be responsible or liable for any delays of Orders from the vendor/brand.
 

10. Disclaimer; Limitations of Liability

 

The information presented on or through the Site is made available solely for general information purposes. Without limiting the generality of the foregoing, Nine After expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, or improper product selection. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Nine After NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, INVESTORS, DIRECTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY THE “Nine After PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED 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 THESE TERMS OF USE.

 

IN NO EVENT WILL Nine After BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. Nine After’S SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM THE SITE.

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11. Indemnification

 

You agree to defend, indemnify and hold harmless Nine After, its officers, directors, investors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your infringement of any third party intellectual property right or violation of privacy right; (iv) your violation of laws; and (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

 

12. Termination

 

We may terminate or suspend your access to the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms of Use or any applicable law. Upon termination of your rights under these Terms of Use, your account and right to access and use the Site will terminate immediately.  You understand that any termination of your account may involve deletion of your User Content associated with your account.  Nine After will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your account or deletion of your User Content.

 

13. Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

 

We respect the intellectual property rights of others. Accordingly, you may not use the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.   If you believe that your copyright has been infringed, you must provide the following information to our Copyright Agent below (the “Notice”):

  • Your address, telephone number, and email address; 

  • A description of the copyrighted work that you claim has been infringed;

  • description of the allegedly infringing work;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

  • Your physical or electronic signature; and 

  • a statement that the information in the Notice is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

The contact information for Nine After’s Copyright Agent is [email protected]. 

 

14. Disputes

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For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Site, your (or anybody else’s) access to and/or use of the Site, and/or the provision of Content and/or products on or through the Site.

 

Disputes concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under these Terms of Use shall be finally settled in accordance with the Streamlined Rules of Arbitration of JAMS in accordance with such Rules. The arbitration shall take place in New York, NY, USA, in the English language and the arbitral decision may be enforced in any court.

 

You have the right to opt-out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt-out to [email protected]. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This Section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms of Use, to enforce an arbitration award, or to seek injunctive or equitable relief.

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If any part or parts of these arbitration terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration terms shall continue in full force and effect.

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Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

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  • Nine After and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Nine After and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

  • If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.

  • If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

  • This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Nine After, or any employee, officer, director, or investor of Nine After, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

 

15. Miscellaneous

 

These Terms of Use represent the entire agreement between you and Nine After, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Nine After with respect thereto. All notices under these Terms of Use shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by facsimile or e-mail; or the day after it is sent if sent for next day delivery by recognized overnight delivery service. Either party may update its address set forth above by giving notice in accordance with this section. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; pandemic or endemic; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business relating to these Terms of Use. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to act with respect to a breach of these Terms of Use by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches.  The following provisions in the Terms of Use shall survive termination: "Intellectual Property," "Disclaimer; Limitations of Liability," Indemnification," “Disputes” and "User Content.”

 

16. Notices

[email protected]

 

Effective Date: January 1, 2024

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