Terms and Conditions

Effective: July 2020

Welcome to ToddNordstrom.com. If you use this web site, you accept these terms and conditions of use. Please read them carefully.

The website ToddNordstrom.com (also referred to as “Website”), including all of its features and content is a service-based website made available by Todd Nordstrom LLC, and all information, services, and products (also referred to as “Materials”) provided or sold on or through this Website may be used solely under the following Terms and Conditions.

LIMITED LICENSE TO USE WEB SITE

ToddNordstrom.com (also referred to as “Website”) is pleased to grant you, as a user of this website, a nonexclusive, nontransferable, revocable, limited license to access and use this Website and the Materials in accordance with these Terms of Use, and any specific terms and conditions that may be posted in connection with particular Materials. In the event of any conflict between these Terms of Use and any such specific terms and conditions applicable to particular Materials, the latter shall govern. ToddNordstrom LLC may terminate this license at any time for any reason and, in any such case, any data or information that you provided may be deleted without notice to you.

LIMITATIONS ON USE

The Materials on this Website are only for your personal use and they are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or from the Materials. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Website or the Materials without prior written permission from ToddNordstrom LLC. Please notify us at admin@toddnordstrom.com and we will be pleased to consider your request for special permission. You may not use the Materials in any way that harms ToddNordstrom LLC, our employees, directors or other representatives, our participating rights holders or users, or any other third party. You may not use the Website as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export this Website or any portion thereof, or the Materials, in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or the Materials is prohibited.

NOT LEGAL ADVICE

ToddNordstrom.com is neither a lawyer nor a law firm. The Materials are not intended to and do not constitute legal advice; and no attorney-client relationship relationship is formed between you and ToddNordstrom, LLC or any of its employees or representatives. Nothing submitted to this Website is treated as confidential except as provided in the terms and conditions of applicable licensing services or in the Website’s Privacy Policy. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Materials. Your use of the Materials from this Website or of any materials linked to from this Website is at your own risk.

INTELLECTUAL PROPERTY RIGHTS

Nothing in these Terms of Use or in the Terms and Conditions relating to any applicable ToddNodstrom LCC licensing or other service should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Website are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to ToddNordstrom LLC or its licensors.

LINKING TO THIS WEB SITE

You are welcome to provide links to the pages of this Website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the page that you are linking to, the terms of use, the copyright notice, or other notices on this Website, and (b) you discontinue providing links to this Website if requested by ToddNordstrom LLC.

LICENSE OF YOUR OWN MATERIALS FOR USE ON THIS WEB SITE AND THIRD PARTY SITES

By uploading content to or submitting any materials for use on this Website (other than for licensing through an applicable ToddNordstrom LLC licensing service, which arrangement must be made by separate agreement), you do not convey any ownership in those materials to ToddNordstrom LLC, but you grant (and promise that you are entitled to grant) to ToddNordstrom LLC, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with right to sublicense) to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute those materials or incorporate those materials into any form, medium, or technology now known or later developed throughout the universe, provided that ToddNordstrom LLC and its sublicensees use such materials in a manner consistent with ToddNordstrom LLC’s general business. In addition to the foregoing, you acknowledge that the terms of any third party website accessible through this Website may require you to grant similar licenses to the owner of such site or to other third parties as a condition of using such third party site and you acknowledge that ToddNordstrom LLC has no responsibility for and assumes no liability whatsoever in connection with your use of any such site or the use of your materials by any such third party. Without limiting the foregoing, you acknowledge that any user-generated content you submit through services like Google Book Search APIs made available on this Website may be made publicly available by those services, including, without limitation, comments, book reviews, links to users’ accounts and the display of your user name or nickname. You agree that you shall have no recourse against ToddNordstrom LLC for any alleged or actual infringement, misappropriation or other violation of any proprietary right in your communications to us or any other materials or content you upload or submit to this Website or to any third party Website.

NO SOLICITATION

You agree that you will not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of ToddNordstrom LLC. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate (a) you may list your name, address and email address, and your own website’s URL, and (b) you may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.

REGISTRATION

Certain sections of this Website require you to register. If registration is requested, you agree to provide ToddNordstrom LLC with accurate and complete registration information. It is your responsibility to inform ToddNordstrom LLC of any changes to that information. Each registration is for a single individual only, unless you specifically tell us otherwise on the registration page or if a particular ToddNordstrom LLC licensing service authorizes the sharing of individual registrations. You are responsible for preventing unauthorized use of your registration (for example, by keeping passwords confidential). If you believe there has been unauthorized use, please notify ToddNordstrom LLC immediately at admin@toddnordstrom.com.

POSTINGS IN INTERACTIVE AREAS OF THE WEB SITE
  1. Postings to be Lawful. If you participate in interactive areas on this Website, you agree not to post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the regulations of the U.S. Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. CS may delete your Posting at any time for any reason without permission from you.
  2. Postings to be in Your Name. You must sign your Postings with your real name; anonymous Postings will be removed from ToddNordstrom.com and will not be edited or modified. In your postings, you agree not to misrepresent your identity or your affiliation with any person or entity.
  3. No Monitoring of Postings. ToddNordstrom.com has no obligation to, nor does it intend to, edit, monitor or screen Postings, and ToddNordstrom.com is not responsible for the content in such Postings or any content linked to or from such Postings. Notwithstanding the foregoing, ToddNordstrom.com reserves the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms of Use and to remove any materials that may be objectionable or violate these Terms of Use.
  4. Non-Commercial Use Only of Interactive Areas. Any interactive area of this Website is provided solely for your personal use. As a participant, you agree not to include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of ToddNordstrom LLC. Any unauthorized use of any interactive area of this Website, the Materials or any Postings is expressly prohibited.
ERRORS AND CORRECTIONS

ToddNordstrom LLC does not promise that this Website or the Materials are or will be error-free, or free of viruses or other harmful components, that defects will be corrected, or that it or they will always be accessible. ToddNordstrom LLC does not promise that the Materials are or will be correct, accurate, timely, or otherwise reliable. Improvements to ToddNordstrom.com may be made and/or changes to its features, functionality or Materials at any time.

THIRD PARTY CONTENT

Third party content may appear on this Website or may be accessible by way of links from this Website. ToddNordstrom LLC is not responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or anything else contained in, or for any other injury or damage caused by, any third party content appearing on this Website or accessible through it. You understand that the information and opinions in the third party content are not endorsed by, and do not necessarily reflect the opinions or beliefs of, ToddNordstrom LLC or any of its employees, directors or other representatives.

ATTORNEY ETHICS NOTICE

If you are an attorney participating in any aspect of this Website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and you agree that you will abide by those Rules. Those Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law and misrepresentations of fact. ToddNordstom LLC disclaims all responsibility for your compliance with those Rules. You further agree and acknowledge that, when you participate in any chat area on this Website, including but not limited to the message boards, you will not offer legal advice, but will only provide general information.

DISCLAIMER

This Website and the Materials are provided on an “as is, as available, with all faults” basis. ToddNordstrom LLC expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, workman-like effort and non-infringement. ToddNordstrom LLC also disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this Website or the materials, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites, or any content therein, that are accessed directly or indirectly through links in this Website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Website, the materials, or any portion thereof, (d) your use of this Website or the materials, or (e) your use of any equipment or software in connection with this Website or the materials. You may have additional consumer rights under your local laws which these terms of use do not change.

LIMITATION OF LIABILITY

ToddNorstrom LLC is not liable for any loss, injury, claim, liability or damage of any kind resulting from your use of this Website, the Materials, the Interactive Areas of this Website or any facts or opinions appearing on or through an Interactive Area. ToddNordstrom LLC is not liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from or arising in connection with (a) the use of or inability to use this Website or the materials, (b) any materials on third party websites, (c) any viruses or other disabling features that affect your access to or use of the service, (d) any incompatibility between this Website and the Materials on the one hand and any other service, software or hardware on the other hand, (e) any delays or failures you may have in initiating, conducting or completing any transmissions or transactions with ToddNordstrom LLC or any other person in an accurate or timely manner, or (f) any claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or any other tort, all regardless of whether this remedy fully compensates you for any losses or whether ToddNordstrom LLC knew or should have known about the possibility of damages. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, ToddNordstrom LLC’s sole obligation to you for damages shall be limited to $100.00 (US). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you. You agree that any claim related to these terms of use may not be brought more than one year after the earliest time that such claim may accrue, after which time such claim is permanently barred, whether made by you or by your lawful successors.

INDEMNIFICATION

You hereby indemnify and agree to defend and hold harmless ToddNordstrom LLC, its officers, directors, employees, agents, licensors and suppliers, its participating copyright rights holders and users, and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, or any other applicable ToddNordstrom.com terms and conditions, by you.

THIRD PARTY RIGHTS

The provisions of paragraphs Disclaimer, Limitation of Liability, and Indemnification are for the benefit of ToddNordstrom LLC and of each of the other persons listed in the Indemnification paragraph. You agree that each of these individuals or entities has the right to assert and enforce those provisions directly against you on his, her or its own behalf.

UNLAWFUL ACTIVITY

ToddNordstrom LLC reserves the right to investigate complaints or reported violations of our Terms of Use or other applicable terms and conditions, and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

REMEDIES FOR VIOLATIONS

ToddNordstrom LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use or any other applicable terms and conditions, including but not limited to the right to block access from a particular Internet address to this Website and any other ToddNordstrom LLC Websites and their features.

GOVERNING LAW AND JURISDICTION

By visiting ToddNordstrom.com, you agree that the laws of the State of Arizona, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and ToddNordstrom LLC. Further, you agree that jurisdiction over any action arising out of or relating to these terms is exclusively in the state or federal courts located in Arizona, USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

ADDITIONAL TERMS

Privacy Policy. Your use of this Website is subject to ToddNordstrom.com’s Privacy Policy.

Terms of ToddNordstrom LLC’s Licensing and Other Services. Your use of any ToddNorstrom LLC licensing or other service is also governed by the terms and conditions that apply to that service (including any applicable special rights-holder terms and conditions, the prices for intellectual property licenses obtained by you, and any applicable billing and payment terms). Each set of terms and conditions is available to you in the course of conducting any transactions under that licensing service (and afterwards as part of the record of those transactions), and all of those terms and conditions are incorporated into these Terms of Use by this reference.

SEVERABILITY OF PROVISIONS

These Terms of Use incorporate by reference any notices contained on this Website, ToddNostrom.com’s Privacy Policy and the terms and conditions applicable to each of ToddNordstrom LLC’s licensing or other services. Altogether they constitute the entire agreement between you and ToddNorstrom LLC with respect to access to and use of this Website and the Materials. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with specific ToddNordstrom LLC licensing or other service terms and conditions that are applicable to the circumstances, then that provision of these Terms of Use shall be deemed severable from the remaining provisions and shall not affect the latter’s validity or enforceability.

MODIFICATIONS TO TERMS OF USE

ToddNordstrom LLC may make changes to these Terms of Use at any time. When we make any material change to these terms and conditions, we will inform you by posting a notice on the homepage of ToddNordstrom.com for 30 days that the terms and conditions have been updated and by changing the “effective date” on this page, noting when the terms and conditions were last updated. Updated versions of these Terms of Use will appear on this Website and are effective immediately. Please review these Terms of Use regularly. Continued use of this Website after any such changes constitutes your consent to such changes.