Welcome to the Ninefirst website. By using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these
terms ("Conditions of Use"). You also accept the Conditions of Use when you create an account, sign in as a guest, or log in to the Site. Additional or separate terms
may apply to your interactions with other Ninefirst websites, Ninefirst stores, and Ninefirst Express, and to your use of individual services or features available on
the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will
govern. References to "Ninefirst," "our," "we," or "us" may refer to Ninefirst Co., Inc., Ninefirst International LLC, Ninefirst Stores L.P., BBY Solutions, Inc.,
Ninefirst Enterprise Services, Inc., and their affiliates, subsidiaries, and designees. We may make changes to the Site and the Conditions of Use. It is your
responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.
Intended for Users Over 13
We provide the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or
Errors on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-
free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you
place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any
of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we'll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may pre-authorize your order amount with
your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll
debit your card when you place the pre-order. For special delivery items, we'll charge your card when you confirm a delivery time. For digital items, we'll charge your
card when you initiate the download of the product or the product is placed in your account and available for use.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of
your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-
order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel
an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
My Ninefirst™ Program
When you create an account with Ninefirst.com, we will automatically enroll you in the My Ninefirst program. The My Ninefirst program is a free program that lets you
earn points toward certificates, which are coupons for discounts on future purchases at Ninefirst. My Ninefirst program terms are available here.
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms,
media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and
Ninefirst owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may use the
Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you
use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.
Unless we separately give you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The Ninefirst logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with
permission by Ninefirst and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Reviews, Comments, Communications, and Other User-Generated Content
You may interact with the Site and Ninefirst in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, and e-mail
communication. You hereby grant Ninefirst a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display,
delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also
grant us the right to use the name you use when you submit content to us, in connection with that content.
When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other
websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
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Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide Ninefirst's Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Ninefirst's designated agent to receive notifications of claimed infringement can be reached by:
Ninefirst International LLC.
7601 Penn Ave. S
Richfield, MN 55423
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY
NINEFIRST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third-Party Websites
The Site contains links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to
enable access to these Third-Party Sites and for no other purpose. Ninefirst does not warrant or make any representation about the substance, quality, functionality,
accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a
Third-Party Site on the Ninefirst Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and
information about the terms and conditions that apply to your use of Third-Party Sites.
Certain software or other materials ("Software") that you may obtain through the Site may be further subject to export controls. You will comply with all applicable
export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country
or otherwise in violation of any restrictions or regulations.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any
activities that occur under your account and password. You may only use the Site only for lawful purposes. Activities including, but not limited to, tampering with the
Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server
or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe,
scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with
service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or
"crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of
the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of Ninefirst,
including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You
may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
The laws of the State of Minnesota will govern these Conditions of Use without giving effect to any principles of conflicts of laws.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you
incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.