By visiting the Site, you are accepting and consenting to the practices described in these T&C and the Agreements. We may modify the Agreements from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Agreements.
Nearly Newlywed will attempt to notify you of any changes to the Agreements by placing an indication in the bottom toolbar of the Site, however, it is your responsibility to periodically review the Agreements for changes. If you do not agree to any change to the Agreements, then you must immediately stop using the Site. Nearly Newlywed shall not be liable to you for any reason if you fail to review the Agreements prior to your use of the Site.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you must notify us immediately at the following e-mail address email@example.com. Nearly Newlywed shall not be responsible for any error in shipment, return, email or mail communication or otherwise should you fail to notify us of any changes to your registration information. Nearly Newlywed reserves the right to change required registration information from time to time and may request such additional information subsequent to your initial registration. You are required to provide any such additional information in order to have continued access to the Site.
The account password you provide should be unique and kept secure, and you must notify Nearly Newlywed immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through Nearly Newlywed is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York, and parties located in Canada and the United States.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information you provide.
The Site is available only to individuals and others who meet all of Nearly Newlywed terms of eligibility and other requirements contained in the Agreements, who have been issued a valid credit/debit card by a bank acceptable to Nearly Newlywed, and who have authorized Nearly Newlywed to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Nearly Newlywed reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where Nearly Newlywed feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
If you are interested in listing a dress with Nearly Newlywed, and are located within Canada or the USA, please visit our submission site at www.nearlynewlywed.com/sell and fill out the required information. You (the “Seller”) certify that your item (a “Listing”) is owned by you and all of the items and media used are free and clear of all liens, encumbrances, or other third-party interests, claims or litigation, whether pending or threatened and you have full authority to sell the Items.
You acknowledge that any submission by you is not considered an agreement by Nearly Newlywed to list your item and Nearly Newlywed may reject any submission for any reason, at its sole discretion. You appoint Nearly Newlywed the right to, without limitation, exhibit the Listed Items for sale, in any manner and in Nearly Newlywed’s sole discretion, and sell and enter into a contract to sell the Items on Seller’s behalf. You agree to pay any applicable fees, currency exchange fees, or taxes.
You acknowledge that your listing may not contain pictures you do not own the rights to - this includes but is not limited to designer or model pictures found online. You acknowledge that Nearly Newlywed will remove any pictures you do not own the rights to and will list your item with a picture placeholder until you provide Nearly Newlywed with pictures that you own the rights to.
You acknowledge that your Item may not sell and we make no guarantees that your Item will sell.
You acknowledge that your Item may be returned and we make no guarantees that your Item will be kept by a buyer.
By listing on Nearly Newlywed, Sellers agree that no listing fee refunds will be given once a listing has been posted.
Nearly Newlywed accepts Item listings in its Marketplace greater than a $375 sale price. Nearly Newlywed will contact you regarding your submission within (3) days of it being submitted. You acknowledge that any submission by you is not considered an agreement by Nearly Newlywed to list your item and Nearly Newlywed may reject any submission for any reason, at its sole discretion. Listings will be published to the Site within 7 days of acceptance by Nearly Newlywed and payment of the initial $19.99 "Listing Fee". You agree to update or remove your listing from the Marketplace due to a change in status of your listing, including Items that are no longer available for sale. You agree to ship your Item upon purchase and no later than (5) business days from the sale of the Item. We require that all sellers accept & adhere to our (5) calendar day return policy.
By uploading content to the Nearly Newlywed site you grant Nearly Newlywed a limited irrevocable license to use and republish the content you provide anywhere, anytime, without any compensation.
COLLECTION AND CONSIGNMENT
Nearly Newlywed offers new items for sale in addition to a marketplace for brides to sell their wedding dresses, chosen at Nearly Newlywed’s sole discretion. Nearly Newlywed will contact you in the event your dress is chosen to be listed on the site.
A. INSURANCE & WARRANTY
Nearly Newlywed may maintain general business insurance which shall cover Item(s) for certain damage(s) covered by such insurance policy during the period in which the Item(s) are in Nearly Newlywed’s control or during shipment by Nearly Newlywed to a buyer.
Seller acknowledges and agrees that because of the nature of the business for wedding gowns, there is a certain degree of normal wear that occurs from handling from the buyer that cannot be insured against. Seller agrees that Nearly Newlywed shall not be liable for such minor wear.
Once the Item(s) is purchased and shipped, ownership is transferred to the buyer. In the event that the Item(s) is returned and found to be damaged (excluding normal wear from handling and trying on the Item(s)) upon return of the Item(s) to the seller by a buyer, Nearly Newlywed will attempt to resolve the damage with the buyer and seller. When Nearly Newlywed determines an Item can be repaired, the seller will be asked to take it for repair and to then provide a receipt of the repair for reimbursement. If it is still in the buyers possession, the buyer will be asked to take it in for repair and then to send pictures of the repair results for Nearly Newlywed to determine if the repair is sufficient for a return. If damage is irreversible, the return request will not be honored, and as such, Nearly Newlywed will use best efforts to recover the Commission (as defined herein) from such buyer.
Within reason, NNW considers acceptable signs of wear to be small - both in size and amount - and easily remedied. This means that they can be easily cleaned or brushed off, taken off with a lint roller, trimmed with scissors, or repaired by a seamstress.
- loose threads
- marks from touching other objects or the floor
- pet fur
- missing or loosened buttons, beads, or gems
In the rare event that the Item(s) is damaged beyond repair when it is in Nearly Newlywed’s control, Nearly Newlywed shall make a claim under its respective insurance policy, if any, and only upon receipt by Nearly Newlywed of the paid insurance claim, if any, Nearly Newlywed shall pay Seller an amount equal to the Commission that Seller would have received had the Item been sold pursuant to these terms.
In no event shall Nearly Newlywed be liable to Seller for an amount greater than the Commission that Seller would have received had the Item(s) been sold pursuant to these terms.
Sellers acknowledges and agrees to allow Nearly Newlywed to occasionally use items listed or consigned and in possession by Nearly Newlywed for promotional purposes including social media posts and site images.
In the event that a Listed Item(s) is sold and kept, Seller shall receive 70% of the Net Sale Price for Listed Item(s) sold and Nearly Newlywed will retain 30% of the Net Sale Price for such Listed Item(s) sold (the “Commission”.) As used herein, Net Sale Price shall mean the gross retail price at which the Listed Item was sold. If an item is accepted and sold for a price less than $375, Nearly Newlywed will retain a minimum consignment payment of $100, even if this exceeds the 30% commission indicated herein. Nearly Newlywed reserves the right to only accept items retailing above $375 but in the event that Nearly Newlywed agrees to sell items $374 and under, a minimum commission of $100 will be assessed.
C. RIGHT TO REMOVE
Seller shall have the right to remove their Listed Item(s) by contacting Nearly Newlywed directly, or responding as such to an automated email from Nearly Newlywed. Nearly Newlywed retains the right to remove any Listing at its sole discretion should a seller not respond to the automated email notifications within the specified time period.
D. PAYOUTS TO SELLERS
All payments due to the Seller for the sale of an Item pursuant to these terms shall be made via PayPal or mailed check, within fourteen (14) business days of the end of the Return Period. As used herein, the Return Period shall mean five (5) calendar days from a buyer’s receipt of the Item, closing at the end of the business day on the fifth day. The end of business day is considered to be 5:00pm CST. All exchange fees that may be imposed are the responsibility of the International Seller.
You acknowledge that all items listed for sale on the Site (the “Item(s)”) by Nearly Newlywed in the Collection or through the Marketplace service are new, pre-owned, used and/or sample items. Nearly Newlywed does not describe or photograph Items added by a seller through the listing service and are not responsible for the content of seller listings. Nearly Newlywed strives to authenticate all Items in the Marketplace but does not warrant the authenticity of such Items nor is Nearly Newlywed an authorized dealer of such Items.
Nearly Newlywed will send an email with tracking information and instructions on what to do when you receive your item(s). These instructions will guide you through taking a thorough unpacking video when You receive your shipped item(s). Nearly Newlywed strongly recommends that You do not open the package or try Your dress on until You have followed these instructions. If You choose to not do this and You discover blemishes/issues on Your item(s), Nearly Newlywed will not be able to confirm they occurred prior to shipping to You and the liability to clean or repair or keep the item(s) will lay with You. Situations of this nature will be assessed on an individual basis by Nearly Newlywed with clear communication to both You and the seller.
Nearly Newlywed offers products for sale that are in possession of the individual Seller. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Nearly Newlywed does not guarantee the availability of any item in the Marketplace and will notify you if it is not available.
Nearly Newlywed does not guarantee that the seller will accept the order.
Nearly Newlywed does not ship to PO boxes or mailbox services.
Nearly Newlywed will store a record of your transactions for a minimum of one year, provided that all credit card/debit card information will only be stored for sixty days.
B. PRICING POLICY
Prices shown on the Site are in US Dollars and are exclusive of taxes. They are set by the individual Seller of each item. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate provided by an established third party financial institution on the day your card issuer processes the transaction.
All import tariffs, fees, exchange fees, and taxes that may be imposed are the responsibility of the buyer.
C. ACCEPTANCE OF YOUR ORDERYour order will only be placed once you have completed the check out process through the Site. Once you complete the check out process, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order but is only a confirmation that we have received your request.
Unless you cancel your order, acceptance of your order will be perfected only upon Nearly Newlywed’s successful authorization and capture of the purchase price to your debit/credit card AND completion of the packaging and shipping of your order. After we dispatch the ordered item(s) to you we will send a second email containing your tracking number, and confirming that your order has been dispatched.
We reserve the right to refuse your order for any reason, at Nearly Newlywed’s sole discretion, including, without limitation, in the event that (a) your payment is declined by our credit card authorization or any financial institute, (b) shipping restrictions apply to a particular item, (c) the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or (d) that you do not meet any of the requirements contained within the Agreement.
We will not be liable to you or any third party by reason of our decision to refuse your order, withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or reversing or suspending any transaction after processing has begun.
We will not be liable to you or any third party by reason of the seller's decision to not move forward with the sale of their item. In the event that the seller refuses to move ahead with the sale of their item, we will cancel the sale and process Your refund in full.
You can purchase up to 2 (two) dresses at a time. We will do our best to coordinate with each individual seller so that your dresses will arrive around the same time but cannot guarantee this. Orders with 3 or more dresses may ship and arrive at different times - we will not be able to coordinate them to all arrive around the same time and will not be able to extend the return window.
D. PAYMENT AND “TRY IT ON”
Payment can be made by Visa, MasterCard, American Express, Shop Pay, Google Pay, Affirm, & PayPal. Nearly Newlywed will charge your credit card for the amount of the total sale. You confirm that the credit/debit card that is being used is yours or that you have been directly authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If, upon charging your credit/debit card, the charge is refused or declined by any authorization system or financial institution Nearly Newlywed shall have no obligation to fulfill or ship your order. If for any reason you feel that your debit/credit card charge was unauthorized you agree to contact Nearly Newlywed immediately to resolve the concern rather than contacting a third party.
In addition, at the time of Your order of an Item, You hereby authorize Nearly Newlywed to charge Your card for an amount equal to 100% of the original retail value of that Item (when new) set forth on the Website, ("Retail Value") plus applicable sales taxes. We will not charge You for more than an amount equal to 100% of the Retail Value of the total sale, in the aggregate, excluding any potential collection costs. If You pay us an amount equal to 100% of the Retail Value and You still possess the Item, the Item is Yours to keep, though on an "AS IS" basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the return shipping cost, which is charged separately from, and in addition to, any other charges payable by You set forth in this Section D.
When an approved return has completed and the Seller receives her dress in good condition, We will refund your original charge amount less the applicable fee. The Seller will be given 24 hours to confirm receipt in good order, and if the Seller does not reply the refund will be processed.
F. CANCELLATION POLICY
If you need to cancel your order, please reach out to our support team at firstname.lastname@example.org within 48 hours of submitting payment. Orders cancelled after 48 hours may be subject to a $50.00 cancellation fee due to the time and effort required to verify your purchased item. If the seller got everything together in less than 48 hours, the cancellation fee will still apply.
If the seller has provided the verification media in less than 48 hours for a White Glove Service order, the cancellation fee will apply.
Nearly Newlywed will assess this on a case-by-case basis. If damages or stains are discovered during the verification process for your item, the cancellation fee will not apply.
G. INSURANCE & SHIPPING
Nearly Newlywed insures each purchase during the time it is in transit until it is delivered to Your specified delivery address in an amount only up to the purchase price authorized to your payment method.
We require a signature for any goods delivered to the Buyer, at which point responsibility for Your purchased goods passes to You.
If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or any individual at that delivery address) is evidence of delivery and fulfillment by Nearly Newlywed, and transfer of responsibility in the same way. Nearly Newlywed shall not be liable for fraudulent signatures, acceptance by a party other than Yourself or any other delivery issues.
If You require your shipment delivery to be rescheduled, additional charges apply - contact Nearly Newlywed right away to organize the change.
Please note that we aim to dispatch all orders within 2 (two) weeks. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Nearly Newlywed is not responsible for any delays included but not limited to destination customs clearance processes or delays caused by third party coastal/courier services.
In the event that You refuse to accept a package, or pay for the import fees (International Buyers), refunds for the purchase - less all shipping fees incurred - will only be given after the dress is returned to the Seller by the courier service provider.
Ground shipping is included for all purchases within the contiguous United States with the exception of gowns sold for under $500 where a $25 non-refundable shipping fee will apply at checkout. Rush shipping can be purchased at an additional cost after your order availability has been confirmed.
H. RETURN POLICY
All items available on Nearly Newlywed are eligible for a return within the contiguous United States unless otherwise marked. If You wish to return an item, a Return request should be submitted to NearlyNewlywed.com within (5) calendar days of receiving Your order. The Return Period shall mean five (5) calendar days from a buyer’s receipt of the Item, closing at the end of the business day on the fifth day. The end of business day is considered to be 5:00pm CST.
To submit Your return request, email the Nearly Newlywed team at email@example.com. You will receive a reply with the return instructions.
You must reply with the required verification media within 48 hours of being sent the instructions. Replies after the 48 hour deadline will not be accommodated and your purchase will be considered a final, non-returnable sale.
The $50.00 return fee will not be waived for Items received by the Buyer with minor issues or signs of reasonable wear and tear, as determined by Nearly Newlywed, that can be easily fixed; such as replacing a few gems, replacing a button, minor light marks that can be easily cleaned off etc.
If a return request is approved, Nearly Newlywed will send a prepaid UPS shipping label via email. Return label should be printed and affixed to the original packaging.
Returns that are posted for shipment after the (72) hour deadline will not be accommodated and will be considered a final, non-returnable sale, unless the Buyer and Nearly Newlywed have discussed extenuating circumstances and agree to extend the shipment window. If the Item is received within the given time windows and is in the same condition that it was verified to be in, a release of the original purchase price authorization of the item(s) will be made, less any shipping and return fees.
Items must be returned unused and with no signs of additional wear and tear beyond what is deemed reasonable by Nearly Newlywed. Where provided, all other items or attachments shipped with the purchased items such as belts or any designer packaging such as authenticity cards, dust bags, and garment bags (etc) must be included with your return. Nearly Newlywed shall have no obligation to accept any Item that is returned damaged, soiled or missing items or attachments.
Any purchases made through promotions or sales related to a final sale, or Items marked as final sale, constitutes a non-returnable purchase. These Items cannot be returned unless the item arrives damaged or misrepresented, at which time the Nearly Newlywed team will investigate. All Items that cannot be returned can be consigned.
Purchases shipped outside of the contiguous U.S. are Final Sale. Purchases shipped into the U.S. from Canadian sellers are Final Sale and will be noted on the listing.
I. DAMAGE POLICY
We understand how upsetting it can be for our brides and sellers when a dress is found to have damage or blemishes. On the rare occasion that situations like this arise, Nearly Newlywed will act as a mediator for our brides and sellers.
When blemishes or damage of any kind are discovered, Nearly Newlywed will perform a thorough review and comparison of the media provided to us (the sellers pictures and packing video, and the buyers unpacking video).
If Nearly Newlywed determines, after careful consideration, that the damage did not occur before Your dress arrived, we will ask You to have it repaired (assuming it can be). If it cannot be restored to an acceptable condition, the sale will be considered final.
If there is ambiguity in the packing or unpacking video, situations of this nature will be assessed on an individual basis by Nearly Newlywed with clear communication to both our bride and seller.
If Nearly Newlywed is unable to determine when the damage occurred due to both the buyer and seller being unable to provide the required media (unpacking/packing videos), final sales will still be considered final (a discount may be possible if the seller agrees) and regular sales will proceed with our normal return process. This means the return fee will not be waived and the buyer will not be required to keep or repair the gown.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content (defined below) shall remain at all times the property of Nearly Newlywed and/or their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Nearly Newlywed and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
For the purposes of these T&C, "Content" is defined as any and all information, images, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, any other content contained on the Site and the composition of such content on the Site. Nearly Newlywed tries to ensure that the information on this site is accurate and complete, however, Nearly Newlywed does not represent or warrant that Nearly Newlywed's Content is accurate, error-free or reliable or that your use of Nearly Newlywed’s Content will not infringe on rights of third parties. Nearly Newlywed respects the intellectual property rights/copyrights of others and expects all users to do the same. Copyright material, including photographs, is not permitted without prior written approval from the original owner - this includes media found elsewhere (print or digital). Your use of the Site is at your risk. Nearly Newlywed does not warrant that the functional aspects of the Site or Nearly Newlywed’s Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. If your use of the Site, or Nearly Newlywed’s Content results in the need for servicing or replacing property, material, equipment or data, Nearly Newlywed shall not responsible for those costs. Nearly Newlywed inspects the Items for damage, wear and other defects and attempts to clearly identify such defects in the Item description, however, Nearly Newlywed makes no warranty or representation as to the quality, condition or merchantability of the Items listed for sale on the Site. Without limiting the foregoing, everything on the Site and purchased through the Site, including purchased Items, are provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Nearly Newlywed strives to authenticate all Items but does not warrant the authenticity of such Items nor is Nearly Newlywed an authorized dealer of such Items.
Nearly Newlywed and its suppliers make no warranties about Nearly Newlywed Content, software text, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Nearly Newlywed reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Nearly Newlywed is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within the Site. You may not use the Site, or any of its Content, to further any commercial purpose, including, without limitation, any advertising or advertising revenue generation activity on your own website.
You use the Site at your sole risk. You agree that you will be personally responsible for your use of the Site and for all of your communication and activity on the Site. We reserve the right to deny you access to the Site, or any part of the Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated any of the terms of the Agreements, we may, in addition to any other rights or remedies provided to us by contract or at law, deny you access to the Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on the Site to other websites or resources operated by parties other than Nearly Newlywed, including advertisers. Nearly Newlywed has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While Nearly Newlywed will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you. You agree that we shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Agreements.
At our request and immediately on demand, you agree fully to defend, indemnify and hold harmless Nearly Newlywed, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Agreements by you or any other liabilities arising out of your use of the Site, or the use by any other persons accessing the Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive the Agreements and your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit the above listed information to our copyright agent at the following address:
Nearly Newlywed LLC 419 11th St. Apt 3, Brooklyn, NY 11215 Attn: Copyright Agent Tel: 347-725-1002
GENERAL LEGAL TERMS
(a) Complete Terms: The Agreements constitute the whole legal agreement between you and Nearly Newlywed and govern your use of the Site and completely replace any prior agreements between you and Nearly Newlywed in relation to the Site. Notwithstanding the foregoing, you understand that Nearly Newlywed may make changes to the Agreements from time to time. When these changes are made, Nearly Newlywed will make a new copy of the Agreements available at http://www.nearlynewlywed.com. You agree that Nearly Newlywed is under no obligation to provide you with notices regarding changes to the Agreements. You understand that it is your responsibility to check the Agreements regularly for changes.
(b) Modifications to the Services: Nearly Newlywed is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services that Nearly Newlywed provides may change from time to time without prior notice to you. You further acknowledge and agree that Nearly Newlywed may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Nearly Newlywed’s sole discretion, without prior notice to you.
(c) Confidentiality: You understand that Nearly Newlywed grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nearly Newlywed reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Agreements. You understand that you are solely responsible for (and that Nearly Newlywed has no responsibility to you or to any third party for) any breach of your obligations under the Agreements and for the consequences (including any loss or damage which Nearly Newlywed may suffer) of any such breach.
(e) Rights Not Waived: You agree that if Nearly Newlywed does not exercise or enforce any legal right or remedy which is contained in the Agreements (or which Nearly Newlywed has the benefit of under any applicable law), it will not be taken to be a formal waiver of Nearly Newlywed’s rights and that those rights or remedies will still be available to Nearly Newlywed.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreements is invalid, then that provision will be removed from the applicable Agreement without affecting the rest of the Agreements. The remaining provisions of the Agreements shall continue to be valid and enforceable.
(g) Governing Law: The Agreements, and your relationship with Nearly Newlywed under the Agreements, shall be governed by the laws of the State of New York. You and Nearly Newlywed agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Force Majeure: If Nearly Newlywed’s operations are materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued by reason of the occurrence of any event of force majeure, including, but not limited to war (declared or undeclared), act of public enemy, riot, epidemic, fire, casualty, labor dispute (including, but not limited to lockout and/or strike or threat of either), governmental order or regulation, judicial order or decree, act of God, death, or any other similar or dissimilar contingency beyond such party’s control (a “Force Majeure”), Nearly Newlywed shall have the right, to suspend its obligations hereunder (including any delivery obligations) for the duration of such Force Majeure and if such Force Majeure continues for seven (7) days or more, Nearly Newlywed shall have the right to terminate any agreement to sell/purchase a purchased item.
(i) Violation of T&C: Please report any violations of the T&C by emailing firstname.lastname@example.org
Should you have any questions or concerns regarding these Terms and Conditions, the Site, any Items listed on the Site or any other inquiries, please contact email@example.com.