Terms & Conditions.

Welcome to Nook Vans. We build customized sprinter vans, RVs and other vehicles with unique style and technology to maximize its space. These Terms and Conditions govern your use of Nook Vans, a company and website owned by Nook Industries Inc. (“Nook Vans,” “Company,” “We,” “Our”), which also includes all related widgets, tools, data, software, and other services provided by us (the “Services”).

This document, together with our Privacy Policy and any other terms specifically referred to therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of our Services. If you do not agree with these Terms, do not use Nook Vans.

Acceptance of Terms and Conditions

Please read these Terms and Conditions very carefully so that you may fully understand and enjoy our Services. Links to these documents will be linked to any invoice or Labor Contract that you receive, and you will be prompted to accept these Terms when creating an account on our website. If you do not agree with any aspect of these Terms and Conditions, do not use our Services. By accepting the Terms and Conditions when either ordering services or creating an account, you represent and warrant that the information you include on the Services is accurate and that you have the capacity to enter into and abide by these terms and conditions.

Changes to Terms and Conditions

We reserve the right to change, alter, replace or otherwise modify (collectively “Changes”) these Terms and Conditions at any time. The date of last modification is stated in the footer of these Terms and Conditions. Your continued use of the Services will constitute your acceptance of the revised Terms and Conditions.

Your Nook Vans Account

Access to the Services is only available to clients who have agreed to these Terms and Conditions by either ordering services or creating an account on our website. You are solely responsible for maintaining the confidentiality and security of your login and account information, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you.

We reserve the right to disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms and Conditions or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time through our Services, or you can contact us at hello@nookvans.com.

Payment, Pricing, Delivery and Taxes

Nook Vans normally will not begin providing Services until an initial deposit for estimated services is paid. We will invoice you for 25% - 50% of the estimated costs of a particular order as an initial deposit for Services depending on the size of the order, and on a monthly basis thereafter. In the event that we purchase materials, parts and components necessary for your project on your behalf, we will charge a 15% markup on these raw goods. Please note that the initial invoice is based on an estimate of the total project cost, which are subject to change in the event that there are adjustments to the original scope of work.

Invoices are due thirty (30) days from invoice date, and late payments will be subject to a 5% late fee per month. The Company reserves the right to halt a project for failure to submit payment on invoices, and to retain possession of a particular van until full payment is received. If a project costs less than the initial deposit, the remainder will be refunded to you at the culmination of our services.

All pricing laid out in our invoices are subject to change, as a particular part may have altered pricing, which is out of Nook Vans’ control. Nook Vans also reserves the right to changes its fees as any time. Upon accurate payment and the rendering of our Services, you agree not to dispute any payment with applicable credit card companies or banks for any reason. If you have any concerns, please directly contact Nook Vans.

Amounts payable to us are exclusive of any tariff, duty, or tax, however designated or levied. You shall pay all applicable taxes (including without limitation sale, goods and services, use, property, privilege ad valorem and excise taxes) and duties except for taxes based on our income.

Timeline and Delivery of Services

We do our best to provide an accurate timeline for the rendering of our Services, but these times are estimates only and are subject to change. Requesting additional or different Services to your vehicle will delay the delivery, depending on the additional Services requested and our capacity to fulfill your order.

Nook Vans does not guarantee the delivery of any Services by a particular date, as they are subject to change.

Assumption of Risk and Release of Liability

Nook Vans only provides vehicle customization services. Any underlying mechanical or safety issues related to your vehicle is your responsibility, and Nook Vans expressly disclaims any liability related to injury related to the use of your vehicle. By purchasing our services, you agree to assume the risk of injury that may occur during your operation of your vehicle.

Nook Vans is responsible for any personal or property injuries, omissions, delays, failures to make connections, re-routings, or acts of any governmental authority, or for damage and/or delay due to causes beyond our control such as labor disputes, bankruptcy, defaults, mechanical breakdowns, pandemics, epidemics, quarantines, government restraints, weather problems, volcanic activity, earthquakes, terrorism, threat of terrorism, or other Acts of God. Nook Vans shall not be held liable in any dispute related to Acts of God that impact a Supplier’s performance of its services.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Use of Photographs and Testimonials for Marketing Purposes By providing photographs, video, written materials and other content to Nook Vans, you acknowledge that those materials do not infringe on the intellectual property rights of any third parties, and you agree to waive your Right of Publicity. You also agree to allow Nook Vans to use these materials and to take their own photographs and videos of the vehicles for their own marketing purposes, including but not limited to its website and social media accounts, which may include the inside of your vehicles and your name and likeness.

Disclaimer

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

THE COMPANY’S AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OTHER SERVICES PROVIDED TO YOU BY THE COMPANY.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, any form of error, or breakdown in the function of the service, or any other legal theory or form of action.

Indemnification

You hereby agree to indemnify, defend and hold harmless the Company, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

(i) any violation by you of these Terms and Conditions or

(ii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Data Protection, Privacy, and Cookies

All personal data that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed by the Company in accordance with our Privacy Policy. In addition, in common with most websites, we use cookies, location data, and other user information to help us understand how people are using the Services, so that we can continue to improve the service we offer. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into these Terms and Conditions, and you hereby agree to the collection, use and disclose practices set forth therein.

Applicable Law, Jurisdiction and Arbitration

If a dispute arises between you and Nook Vans, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. In the event of a dispute, we encourage you to contact us first to resolve your problem directly with us. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN LOS ANGELES, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Termination

You agree that Nook Vans may terminate your account and cease its Services at any time for your violation of any of the provisions of these Terms. In the event that this agreement is terminated, Nook Vans will use the initial retainer to cover all costs. Any funds in excess of the covered cost will be immediately due upon Termination. Failure to make payment of the amount due at Termination grants Nook Vans the ability to retain possession of a vehicle until final payment is made. If you are dissatisfied with the Nook Vans Services, please let us know by emailing us at hello@nookvans.com. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of Nook Vans in providing the Services, or (d) any content or information transmitted through the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing Nook Vans notice of termination by emailing us at hello@nookvans.com.

Complete Agreement

These Terms constitute the entire agreement between you and Nook Vans with respect to the use of the Nook Vans Site and Content. Your use of the Nook Vans Services is also subject to the Nook Vans Privacy Policy and Labor Contract. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact us

For questions or comments about the Terms, please email us at hello@nookvans.com.