Terms of Use and Return Policy

<H1>Terms of Use and Return Policy</H1>
<FORM id=FormName name=FormName action=(EmptyReference!) method=get>
 <TEXTAREA name=textareaName rows=24 cols=58 readonly="true">
NEST Family Learning Terms and Conditions

Welcome to the NEST Family Learning Terms of Use section. NEST Family web sites are best viewed using a contemporary browser.

Use of NEST Family Learning web sites (such as: www.NestEntertainment.com and www.NestLearning.com) are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this web site. Your use of NEST Family Learning web sites, or of any content presented in any and all areas of those web sites, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this web site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or web site. We suggest you print a copy of each of these documents for your records.
NEST Family Learning shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this web site. The most recent version of these Terms of Use may always be found at terms.aspx. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this web site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on 13 January 2009.

Pricing:
All prices are based on United States Dollar currency. 

Restrictions on use of materials
This site is owned and operated by NestFamily, LLC (referred to as "NEST Family Entertainment," "we," "us," or "our" herein). No material from NEST Family Entertainment.com or any web site owned, operated, licensed or controlled by NestFamily, LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of NEST Family Entertainment's (or its applicable affiliate's) copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All copyrights, trademarks, service marks and trade names are proprietary to NestFamily, LLC, unless stated otherwise.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by NEST Family Learning(or its applicable affiliate). NEST Family Learning does not transfer title to the Software to you. You own the medium on which the Software is recorded, but NEST Family Learning(or its applicable affiliate) retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

Disclaimer And Limitation of Liability
This Site is for informational and entertainment purposes only. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. NEST Family Learning makes no representation that any materials on a Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access a Site, you do so at your own risk and on your own initiative. You are responsible for complying with all applicable laws.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NEST FAMILY LEARNINGSHALL NOT BE RESPONSIBLE FOR, AND DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF, FAILURES IN PERFORMANCE, DELAYS OR INTERRUPTIONS, INACURRACIES OR ERRORS IN MATERIALS, VIRUSES OR CONTAMINATION, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.
NEST Family Learning reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Site or any information contained thereon without liability or notice to you.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEST FAMILY ENTERTAINMENT, ITS AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NEST FAMILY ENTERTAINMENT’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Privacy Policy
You have read and agree to all of the terms and conditions of our Privacy Policy.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this or any NestFamily, LLC web site. 
Furthermore, you agree that you shall not:
upload, post or otherwise transmit through or to this web site any content that:
i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable; 
ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; iii. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our web site, its computer systems, servers or networks;
provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication; transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages; collect information about other visitors to our web site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses; sell access to or the use of this web site, including any content contained on, downloaded or accessed from this web site;  redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other digital, electronic or paper-based service or method; or intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

Submissions
It is NEST Family Learning company policy not to accept the unsolicited submission of new creative ideas, suggestions or materials, and we may return them at our discretion.
If you send or otherwise communicate any unsolicited materials (such as creative submissions, ideas, notes, drawings, concepts, suggestions, comments) or other postings, information or materials (collectively the "Information"), you authorize NEST Family Learning to use, and authorize others to use, such Information in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without any compensation to you or any other person or entity. None of the Information shall be subject to any obligation of confidence on the part of NEST Family Entertainment, and NEST Family Learning shall not be liable for any use, disclosure, or loss of Information.

Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, suppliers, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) arising in any way from your use of this Site or any breach of these Terms of Use. We reserve the right to assume, at our expense, the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. You will use your best efforts to cooperate with us in the defense of any claim.

Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such web sites; (ii) the content, privacy policies or other terms of use on such web sites; or (iii) such third-party products and services. As we have no control or responsibility over web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
Proprietary Rights

NEST Family Entertainment, Animated Bible Classics, Animated Inspiring Heroes, Animated Passion Trilogy, Changing Lives Through Inspiring Family Entertainment and any other copyrights, trademarks and proprietary rights on this web site are the property of NestFamily, LLC unless otherwise stated (e.g., an affiliate of NEST Family Learning and/or a third-party co-owner). Any unauthorized use of these marks is unlawful. All content on this web site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, downloadable (screensavers and desktop wallpapers), is the copyrighted property of NEST Family Learning (or as otherwise stated) and is protected by international copyright law. The content on this web site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Comments 
NEST Family Learning is pleased to hear from its customers and welcomes your comments regarding NEST Family Learning products. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and do not submit any creative ideas, suggestions or materials of your own.
Please use the CONTACT page on the Site to submit any comments and feedback.

General 
NEST Family Learning shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. NEST Family Learning reserves the right to deny access to the Site to anyone at any time, and to terminate these Terms of Use at any time without notice in its sole discretion. Upon termination, you must cease all use of the Site and destroy any materials obtained from such Site and all copies thereof. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided that, in the event of any conflict between these Terms of Use and such other terms, the terms of these Terms of Use shall control. These Terms of Use contain the entire agreement between you and NEST Family Learning with respect to the Site and supersede all prior understandings or agreements with respect to the Site.
You agree that these Terms of Use, our Privacy Policy and other notices posted on this Site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
Any rights not expressly granted to you are reserved by us.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction of the state and federal courts of, and venue and situs in Dallas County, State of Texas.

Contact 
If you have any questions or concerns about the Site or these Terms of Use, please use the contact form on the Site to submit any questions or concerns.
 

NestFamily Return Policy
Please send all returns to the following address:
Fulfillment Center
Returns Department
2323 South 3600 West
Salt Lake City, Utah 84119
 
Defective or Damaged Product Replacement:
If you have received damaged or defective product, you must contact Customer Service within 30 days of the original invoice date for assistance in returning the product.  If the product is still available, we will replace it at our expense including the shipping costs for the replacement item.  If the product is no longer available, we will provide you with a web store credit. In most cases we will send a postage paid return label for you to return the defective or damaged item.  For assistance with your return, please contact our Customer Service department.
 
Incorrect Shipped Item Replacement:
If the item you received was not the item you ordered, you must contact Customer Service within 14 days of the original invoice date for assistance.  If the product is still available, we will immediately ship the correct item to you at no cost to you. If the product is no longer available, we will provide you with a web store credit.  In most cases we will send you a postage paid return label for you to return the incorrectly shipped item to us. For assistance with your return, please contact our Customer Service department
 
Returns: 
If you are not satisfied with your purchase, we will be happy to exchange it for another item, subject to the criteria below.  A 15% restocking fee applies should you choose to have your purchase refunded rather than exchanging it for another item.  Shipping and handling charges are non-refundable.  Returns are accepted only within 30 days of original purchase date shown on invoice.  
 
Return Criteria:
To receive a refund, merchandise must be returned in original, resalable condition.  As we cannot refund product damaged on its return to us, we recommend that you insure your return package and ship it through a trackable carrier such as UPS, FedEx or DHL. Please remove or mark through the original shipping label.
We do not accept partial returns of DVD collections, curriculum kits or curriculum mega-kits. 
For packaged items, no refunds are available if the package has been opened unless the item is defective. Packaged items include toys, games, crafts, puzzles, hobby items, science kits, DVDs and software. 
Imprinted items may NOT be returned for replacement or refund, unless the imprint or item is defective.
Seasonal and clearance items are NON-RETURNABLE.
Returns MUST include a copy of your sales invoice, a brief explanation of the reason for the return including your name and address.  
PLEASE NOTE:  Any item that does not comply with the above policies at our discretion may be rejected or will be subject to a significant restocking and processing fee.
 
How long will it take to get a Return order replaced?
If you return an item to NestFamily, please allow 4-6 weeks for your return to be received and processed. If you are expecting a replacement shipment, please allow 6-8 weeks for the new package to arrive at your address. For more information, please e-mail our Customer Service department or call us toll free at 800-634-4298, Monday – Friday, 8am-5pm CST.  

</TEXTAREA>

</FORM>