Terms of Service

Terms & Conditions 

By using the alyssa-nicole.com web site ("Alyssa Nicole" or the “Site”), a service of Alyssa Nicole, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please email alyssa@alyssa-nicole.com .

Before you may become a member of Alyssa Nicole, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on July 4, 2009 for current users, and upon acceptance for new users.

Alyssa Nicole is an online store.

Alyssa Nicole acts as a store where buyers worldwide can purchase handmade items from fashion designer Alyssa Nicole. Buyers pay applicable shipping and sales taxes as well as full price up front in a secure transaction via the internet. Alyssa Nicole will construct the item and ship to designated address from registered buyers.

You agree that Alyssa Nicole is an online store and will follow all federal and national guidelines involved in making purchases pver the internet. You use the Alyssa Nicole site at your own risk.

Alyssa Nicole's Intellectual Property

ALYSSA NICOLE, and other Alyssa Nicole graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Alyssa Nicole, Inc. in the U.S. and/or other countries. Alyssa Nicole's trademarks and trade bird may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Privacy

Except as provided in Alyssa Nicole’s Privacy Policy Alyssa Nicole will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Alyssa Bird stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

ALYSSA NICOLE, ALYSSA NICOLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ALYSSA NICOLE'S SUPPLIERS PROVIDE ALYSSA BIRD'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ALYSSA NICOLE, ALYSSA NICOLE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ALYSSA NICOLE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ETSY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liabiity Limit

IN NO EVENT SHALL ALYSSA NICOLE, AND (AS APPLICABLE) ALYSSA NICOLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ALYSSA NICOLE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ALYSSA NICOLE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ETSY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ETSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ALYSSA NICOLE AND (AS APPLICABLE) ALYSSA NICOLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guaranty

Alyssa Nicole does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Alyssa Nicole’s control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Alyssa Nicole’s service and your purchase, and solicitation of offers to purchase.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.  

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California and disputes arising under this Agreement will be adjudicated by the courts of the State of California.  

For issues with intellectual property, please provide the notice as specified in Alyssa Nicole’s Copyright and Intellectual Property Policy.

25. Disclosures

The services hereunder are offered by Alyssa Nicole, Inc., located in San Francisco, CA, USA.