Terms of service

IMPORTANT RESTRICTIONS ON YOUR LEGAL RIGHTS APPEAR IN THESE TERMS OF USE. YOUR USING, VIEWING, ACCESSING, AND/OR MAKING USE OF THE SITE OR THE SERVICES CONSTITUTES YOUR ABSOLUTE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE USING, VIEWING, ACCESSING, OR MAKING USE OF THE SITE AND THE SERVICES.

OVERVIEW

This website (this “Site” or the “Website”) is operated by Nina Herisson, Inc., a Florida corporation (hereinafter the “Company”). As used herein, the terms “we”, “us” and “our” refer to the Company. Reference to “you” or “your” refers to individuals using or otherwise accessing the Site or the Services. Reference herein made to the "Services" refers to and means any interactions with the Company, or services rendered by the Company, through this Site, as well as any apps, features, services, events, and communications.

By using, accessing, viewing, or otherwise interacting with the Site, the Company, or the Services, you expressly agree as follows:

  • You will be fully bound by these Terms of Use (these “Terms”).
  • You will strictly comply with these Terms, including all other restrictions, requirements, and documentation provided by us on the Site concerning your use thereof (e.g., our Privacy Policy).
  • If, at any time, you do not agree with these Terms in their entirety, you will immediately cease using, viewing, accessing, and/or making use of the Site and the Services entirely.

Notices required or permitted to be sent to the Company should be addressed as follows:

Nina Herisson, Inc.
Attn: Legal Dept.
3840 E ROBINSON RD, STE 225
AMHERST, NY 14228

WE MAY AMEND THESE TERMS AT ANY TIME BY CHANGING THE LAST UPDATED DATE.

ELIGIBILITY

You must be at least 18 years old or have the legal capacity to enter into a contract in your jurisdiction to use our Website or services. By using our Website or Services, you represent and warrant that you meet these eligibility requirements. Furthermore, you covenant that you shall not permit or enable any person under 18 years old to access our Website or make use of the Services. If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

INTELLECTUAL PROPERTY

All content on our Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may not use, reproduce, distribute, display, or modify any content from our Website without our prior written consent.

USER CONDUCT

When using our Website or Services, you agree:

  • To comply with all applicable international, federal, provincial or state regulations, rules, laws, or local ordinances, and these Terms.
  • To only provide accurate, complete, and up-to-date information.
  • To use our Website and Services for lawful purposes only and not engage in any illegal, harmful, or fraudulent activities.
  • To respect the rights of others, including their privacy and intellectual property rights.
  • Not to interfere with or disrupt the operation of our Website or Services or attempting to gain unauthorized access to our systems.
  • Not to solicit or discuss with others to perform or participate in any unlawful acts.
  • Not to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Not to take any action which is intended to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Not to submit any false or misleading information.
  • Not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Site.
  • Not to collect or track any personal information of others.
  • Not to spam, phish, pharm, pretext, spider, crawl, or scrape.
  • Not to use the Site or the Services for any obscene or immoral purpose.
  • Not to interfere with or circumvent the security features of the Services the Site, or the internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECURITY

The Company makes no representation or warranty concerning your security while on or making use of the Services or the Site. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

THIRD PARTY LINKS AND CONTENT

Our Website may contain links to third-party websites or services and may display content provided by third parties. We do not endorse or assume any responsibility for the content, products, or services provided by these third parties. Your interactions with third parties are solely between you and the third party, and any terms, conditions, warranties, or representations associated with such interactions are solely between you and the third party. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PRODUCTS AND PRICING

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or Services may be available exclusively online through the site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy, which can be found here: https://ninaherisson.com/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://ninaherisson.com/policies/refund-policy

COMMENTS, FEEDBACK, AND OTHER USER-GENERATED SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://ninaherisson.com/policies/privacy-policy

ERRORS OR INACCURACIES; DISCLAIMER OF WARRANTIES

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR SERVICES PROVIDED ON OUR WEBSITE.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, CONTRACTORS, PARENTS, SUBSIDIARIES, ASSIGNS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You expressly covenant and agree to release, defend (with counsel satisfactory to the Company), indemnify, save, and hold harmless the Company and its directors, officers, shareholders, contractors, parents, subsidiaries, assigns, employees, agents, and affiliates (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, fees, fines, actions, demands, and expenses, including reasonable attorneys' fees, arising out of or in connection with (i). your use, misuse, viewing, access, or interaction with or of our Website or the Services, (ii). your violation of these Terms, and/or (iii). your violation of any rights of any third party.

AMENDMENTS

We reserve the right to modify, update, or amend these Terms at any time without prior notice. The updated Terms will be effective upon posting on our Website. Your continued use of our Website or Services after the posting of the updated Terms constitutes your acceptance of the changes.

TERMINATION

We reserve the right, in our sole and absolute discretion, and at any time, to suspend or terminate your access to our Website or the Services, in whole or in part, for any reason and without prior notice.

GOVERNING LAW AND JURISDICTION

These Terms and your use of our Website or Services shall be governed by and construed in accordance with the laws of the state of Florida, United States. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the county wherein the Company’s principal place of business is located.

WAIVER OF JURY TRIAL

YOU KNOWINGLY, VOLUNTARILY, FREELY, AND IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY A JURY IN ANY LEGAL ACTION ARISING FROM OR RELATING TO THESE TERMS, THE WEBSITE, THE SERVICES, AND/OR THE COMPANY.

SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

ENTIRE AGREEMENT

These Terms, together with the non-conflicting provisions of the Privacy Policy, Refund Policy, and other documentation on the Website concerning your use thereof, represent the entire, final, and exclusive form of agreement and understanding between the Company and you with respect to the subject matter hereof and thereof, and hereby expressly supersede any and all prior and contemporaneous agreements, representations, and understandings made by or between the parties with respect to the subject matter hereof which is inconsistent with or contrary hereto.

**REVISED JUNE 2026**