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Terms of Use

Last Update: November 01, 2023

NestSketch Studio (“NestSketch”, “we”, “us”, or “our”) is a New York State registered d.b.a. (doing business as) of Massforma Architecture, PLLC. The following terms and conditions (the “Terms of Use”) form a binding agreement between you and NestSketch, and govern your use of the website located at www.nestsketch.com (the "Site”). For more details about our services, please contact us and refer to the terms and conditions in our other service agreements with you. 

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. NestSketch may update the Terms of Use from time to time. Be advised to review the Terms of Use periodically for any updates. Updates will be effective immediately for users of the Site.

We reserve the right to modify the Site without notice to you. We will not be liable to you or any third-party should we exercise our right to modify the Site. If you object to any such changes or if you are dissatisfied with any portion of the Site, your sole recourse will be to contact us to discuss available options. Continued use of the Site following notice of any such changes will indicate your acknowledgement of such changes as so modified.

The Site is provided by NestSketch “with all faults” and on an “as is” and “as available” basis. You agree that your use of the Site is at your sole risk. We make no warranty as to the results that may be obtained from the use of the Site, or that defects in the Site will be corrected. We specifically disclaim any liability associated with the use of the Site. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Site.

You agree not to take any action on or through the Site that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, defamatory, or fraudulent; (C) constitutes unauthorized commercial activities, advertising, junk or bulk e-mail; (D) impersonates any person or entity; (E) interferes with the proper functioning or security of the Site in any way; or (F) engage in, any potentially harmful acts that are directed against NestSketch or the Site.

You understand and acknowledge that the content, information, drawings and materials made available or displayed by us through the Site (collectively, “Our Content”) are copyrighted by us. Our Content may not be copied, modified, reproduced, transmitted, sold, or redistributed in any way without our prior written permission. We grant you a non-transferable, non-exclusive, revocable, limited license to use and access Our Content solely for your own personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content and you may not remove or alter any such notice, information, or restriction. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Content. Certain of the names, logos, and other materials displayed in the Site constitute trademarks, trade names, service marks or logos (“Marks”) of NestSketch or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks.

The Site may contain links to third-party websites ("Other Sites") that are not under NestSketch's control. The personal information you provide may be shared with the third-parties that you authorize to receive such information. We make no claim and accept no responsibility regarding the content, quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. Inclusion of such links in the Site does not imply endorsement by NestSketch of Other Sites or any association with the operators of such Other Sites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect personal information or anonymous data from you. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third-party.

NestSketch is committed to protecting your privacy. In general, personal information you submit to us - such as your name, email address, mobile phone number, and project information - is used either to respond to requests that you make, aid us in serving you better, or market our services. We reserve the right to take reasonable steps to verify your identity and request, including using the profile and project information to access publicly available databases, such as those available through municipal and state agencies.

When you use the Site, we may use cookies to collect information, and some information is automatically collected by us or by our website hosting service, Wix.com. Please refer to Wix.com's Privacy Policy for more information about how Wix.com collects and uses your information.

We may disclose your personal information if we believe in good faith that such disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on NestSketch; (iii) to protect or defend the rights or property of NestSketch or our users; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law or our Terms of Use.

You may request that we delete your personal information, but please note that when we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes. Updates will be effective immediately for users of the Site.
 

We do not offer refunds for services and deliverables already performed or transmitted. Return, refund or replacement of products purchased on your behalf through our purchasing agent service, whether damaged, defective or otherwise, are subject to the warranty and return policies of the product's respective vendor and manufacturer. We do not guarantee the satisfactory resolution of your claim with the vendor or manufacturer. At your request, we shall furnish relevant records for your claim with the vendor or manufacturer. We reserve the right to retain our compensation for services already performed, regardless of any returns, refunds or other resolutions reached between you and the vendor or manufacturer.

NestSketch is not a contractor, retailer, vendor, or manufacturer of building products and cannot guarantee the price estimates as listed on the Site nor guarantee the quality and availability of any product or third-party services we recommend. We do not warrant any product purchased on your behalf. We are not responsible for costs, defects, delays or consequences related to your transactions with the vendor.

These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of New York. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. We have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive.

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