Store Policies

Effective Date: 11/03/20

 

Welcome to www.nynyplanner.com. These Terms & Conditions (“Terms”) are a legal agreement between you and The Planner Gal LLC, DBA New Year New You NYNY (“NYNY,” “we,” “us,” or “our”) that governs your access to and use of www.nynyplanner.com and all subdomains thereof (the “Site”), including the product ordering process and all related webpages, downloadable materials, information, photos, and other materials, documentation, blog posts, or content that appears on the Site (“Content”). References to “you” or “your” mean anyone who visits the Site, make a purchase on the Site, accesses or downloads Content, or registers for an Account.  Your access to and use of the Site, Content, or your Account is conditioned upon your acceptance of these Terms and our https://www.nynyplanner.com/store-policies, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before accessing or using the Site. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR CONTENT, MAKE A PURCHASE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION 23.

 

  1. Changes to these Terms. We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these Terms for changes, and you can review the most current Terms at any time at https://www.nynyplanner.com/store-policies The updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to updated Terms, you should stop using the Site before the Effective Date. Your continued use of the Site after the Effective Date will constitute your acceptance of the updated Terms.
     

  2.  Permitted Use, No Distribution. Except for the limited right to use the Site and view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or Content without the express written permission from NYNY. You may only use the Site for personal, non-commercial purposes. All products and content produced by NYNY is for personal, non-commercial use and may not be reproduced in any form unless otherwise expressly permitted by NYNY. No right, title, or interest in or to any trademark, service mark, logo, or trade name of NYNY or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content.  You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of NYNY.  Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited.  You may not use the Site or Content for any illegal purpose.  Use of the Content for any purpose other than what is described in this Section is prohibited.
     

  3. Privacy. NYNY respects and is committed to protecting your privacy. When you visit the Site, you authorize NYNY to automatically collect information about you and your use of the Site and to use, transmit, process and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.
     

  4. Third-Party Websites and Links. The Site may contain links or references to third-party websites (“Linked Sites”) that we think may be of interest to you. NYNY does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content.  Linked Sites are governed by their own terms of use and privacy policies.
     

  5. Account Registration. You may register for an account on the Site (“Account”) in order to access certain features. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, create and maintain a “wishlist” of products that you can share with others, and save products to a list of “favorites.” If you register for an Account, you must provide NYNY with your current, complete, and accurate information, including your first and last name, email address, and a password selected by you. Your login and password may only be used by you and you are responsible for keeping your user password confidential. We may also ask for your date of birth in order to verify your age. Children under the age of 13 are prohibited from using the Site or registering for an Account. You are responsible for all activity that occurs under your Account and you agree that NYNY may attribute all use of your Account to you. Please notify us immediately if you suspect any unauthorized use of your Account or any other breach of security. 
     

  6. Product Prices and Availability; Cancellation. Current prices for products and services are described on the Site.  NYNY may change pricing at any time and at its sole discretion. The amount of any sales, use, or other taxes however designated, levied, or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. NYNY reserves the right to change or discontinue any product or service at any time and without notice. NYNY further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be canceled, limited, or delayed, NYNY will contact you.
     

  7. Personalized Products; User Submissions. The Site may include functionality that allows you to upload text, images, photographs, or other graphics selected by you (“User Content”) in order to customize personalized products. When you place an order for a personalized product, NYNY may, for example, alter your User Content in order to prepare a proof for your review or transmit your User Content in relation to the production of the product you ordered. NYNY does not control or endorse and is not responsible for any User Content and NYNY does not claim ownership of any User Content. By uploading User Content to the Site, you grant NYNY a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, reproduce, modify, adapt, and store the User Content you provide to us in connection with the production of personalized products you purchase from us. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and reproduction of your User Content will not violate any laws. You must not provide any User Content that infringes others’ intellectual property or privacy rights, and you are solely responsible for all User Content you provide to NYNY. By producing your personalized product, NYNY in no way approves of your User Content. All templates, colors, arrangements, and other design features that may appear with your User Content are property of NYNY. NYNY reserves the right to refuse to use your User Content for any reason in its sole discretion. By commenting on or submitting content in connection with NYNY or NYNY products on any social media site (e.g., Facebook, Twitter, Instagram, Pinterest), including but not limited to NYNY social media sites, or “tagging” NYNY in a social media post, you grant NYNY a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, and reproduce your submissions.
     

  8. Shipping. All sales are FOB shipment origin. The risk of loss passes to you upon shipment of the product from our facilities, and the occurrence of any damage during shipment will not relieve you from making payment of the balance of the purchase price. NYNY will ship products to customers overseas. Tariffs and taxes may be imposed for international customers which are not implemented by NYNY and beyond our control. Additional fees may be collected at the time of delivery to pay for government taxes and tariffs.
     

  9. Product Returns. It is your responsibility to assure the quality of all goods upon receipt. All sales are final except for damaged or defective materials. You must obtain a Returned Material Authorization (“RMA”) from us prior to returning any products. In order to be eligible to receive a refund or store credit for returned goods that are damaged or defective, your refund or store credit request must be received no more than thirty (30) days from the order placement date.  Any approved refund or store credit will only be for the value of the returned items. Personalized and textile items are not eligible for return. For your security, refunds will be credited back to the original payment method used for the purchase. If your credit card has expired or is canceled, store credit will be issued.
     

  10. Payments. You may make payment using any of the following payment methods: Visa, MasterCard, American Express, Discover, and PayPal. All credit card details are encrypted when entered and stored by our third-party payment processor, Authorize.net. NYNY does not access or store your credit card information and we do not manually accept credit cards for security reasons. NYNY uses Secure Sockets Layer (SSL) software to protect the security of your payment and personal information. If you make a payment using PayPal, you will be connected to the PayPal website during checkout. PayPal is a third party and NYNY is not responsible for the terms of use, privacy practices, or the content of any external site. You should review PayPal’s terms of use and privacy policy prior to submitting your payment information. For more information about our use of third-party service providers, please review our Privacy Policy.
     

  11. Contests, Sweepstakes, and Other Promotions. NYNY may, from time to time and in its sole discretion, offer promotions, contests, sweepstakes, surveys, or games through the Site, our newsletter, or through any other communication from NYNY (each, a “Promotion”). In addition to these Terms, your participation in any such Promotion may be conditioned upon additional or different terms and conditions and you should be sure to review any additional terms that accompany any such Promotions. To the extent the terms or rules of a Promotion conflict with these Terms, the terms accompanying the Promotion will control.
     

  12. Customer Service. To reach our customer service department, please visit the” contact” section of the Site and submit questions to us using the online forms provided on the Site.
     

  13. Site Availability and Support. You may access the Site if and when it is available. NYNY does not guarantee the availability of the Site or Content and NYNY reserves the right to make changes to the Site and Content at any time and without notice. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons.  To the maximum extent authorized under applicable law, NYNY reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. NYNY has no obligation to provide any support in relation to the Site, Content, User Content, or your Account.
     

  14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ALL TEXT, GRAPHICS, LOGOS, AUDIO AND VIDEO CLIPS, PHOTOGRAPHS, AND OTHER CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. NYNY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE.  IN PARTICULAR, NYNY MAKES NO WARRANTY THAT THE SITE, CONTENT, OR PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES NYNY WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. NYNY DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. THE SITE AND ALL CONTENT YOU DOWNLOAD, UPLOAD, OR OBTAIN FROM THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
     

  15. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NYNY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR YOUR ACCOUNT, EVEN IF NYNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NYNY SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
     

  16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 15 OR 16, NYNY’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SITE WILL BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
     

  17. Independent Remedies. The exclusion of damages under Section 16 is independent of your exclusive remedy in Section 17 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 15, 16, and 17 apply without regard to whether the loss, liability, or damage arising from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
     

  18. NOTICE ON POTENTIAL LIMITS OF SECTIONS 15, 16, and 17. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL), LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY.  NOTHING IN SECTIONS 15, 16, OR 17 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS.  IF YOU RESIDE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
     

  19. Indemnification. You hereby agree to defend, indemnify, and hold NYNY, its directors, officers, managers, members, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring under your Account; (b) your use of any product purchased from NYNY; (c) our use of your User Content; (d) any violation by you of these Terms; or (e) your violation of any other party’s rights or applicable law.
     

  20. Notices. NYNY may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending a notice to any email address you provide to NYNY. You agree to send NYNY notices by contacting us using the online forms provided on the “contact” section of the Site.
     

  21. Reservation of Rights; Copyright and Trademark Notice. NYNY and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content, including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked documentation. NYNY‘s rights are protected by the United States and international copyright laws and other intellectual property laws and treaty provisions.
     

  22. GOVERNING LAW AND EXCLUSIVE JURISDICTION; ARBITRATION. These Terms are governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of law’s provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts located in Fayette County, Georgia. YOU AND NYNY EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE CONTENT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND NYNY, WILL BE RESOLVED IN FAYETTE COUNTY, GEORGIA BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND NYNY EACH ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN THIS SECTION). YOU AND NYNY EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT IN FAYETTE COUNTY, GEORGIA. YOU AND NYNY EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. To begin an arbitration, you must send a letter requesting arbitration and describing your claim to our mailing address on the Site.  NYNY will attempt to notify you in writing of any dispute if NYNY has your email or mailing address. If NYNY does not have your address, NYNY will post a notice at the Site. The American Arbitration Association (AAA) will arbitrate all disputes and the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. You and NYNY each are responsible for your own respective costs relating to the arbitration, except that NYNY will pay the arbitration administrative or filing fees, including the arbitrator fees. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys' fees.
     

  23. Force Majeure. NYNY will not be required to perform any obligations under these Terms or be liable for any failure to perform if nonperformance is caused by an Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of NYNY.
     

  24. Termination. NYNY may, in its sole discretion, terminate this Agreement, your Account, or your use of the Site, and remove and/or discard any User Content you have provided to us with or without cause and with or without notice. The following Sections of these Terms will survive termination: 5, 6, 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27.
     

  25. General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and NYNY intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and NYNY agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. NYNY may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These Terms will be binding upon all NYNY’s successors and assigns. NYNY’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on NYNY if it is in writing and signed by NYNY. These Terms (including any incorporated terms) constitute the entire agreement between you and NYNY with respect to your use of the Site. Both you and NYNY warrant to each other that, in entering these Terms, neither NYNY nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and NYNY, or NYNY’s successors and permitted assigns, will have any right to enforce any of these Terms.
     

  26. Contact Information. If you have questions, comments, or concerns regarding the Site or these Terms, please contact us using the online forms provided on the “contact” section of the Site.
     

  27. The seller has collected the simplified sellers' use tax on taxable transactions delivered into Georgia and the tax will be remitted on the customer’s behalf to the Georgia Department of Revenue.