Last Updated Date: Mar. 2, 2021
PLEASE BE AWARE THAT SECTION 13 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF Delaware, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Use of the Services and Nicole In The Wild. The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Nicole In The Wild”) are protected by copyright laws throughout the world. Subject to the Terms, Nicole In The Wild grants you a limited license to reproduce portions of Nicole In The Wild for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Nicole In The Wild in a separate license, your right to use any Nicole In The Wild is subject to the Terms.
1. Updates. You understand that Nicole In The Wild is evolving. As a result, Nicole In The Wild may require you to accept updates to Nicole In The Wild that you have installed on your computer or mobile device. You acknowledge and agree that Nicole In The Wild may update Nicole In The Wild with or without notifying you. You may need to update third-party software from time to time in order to use Nicole In The Wild.
2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Nicole In The Wild or any portion of Nicole In The Wild , including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Nicole In The Wild (including images, text, page layout or form) of Nicole In The Wild, or use the Nicole In The Wild in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using Nicole In The Wild’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Nicole In The Wild except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the Nicole In The Wild, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Nicole In The Wild in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Nicole In The Wild may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the Nicole In The Wild ; (i) you shall not take any action in connection with your use of the Nicole In The Wild which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the Nicole In The Wild for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Nicole In The Wild or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Nicole In The Wild . Any future release, update or other addition to Nicole In The Wild shall be subject to the Terms. Nicole In The Wild, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Nicole In The Wild terminates the licenses granted by Nicole In The Wild pursuant to the Terms.
1. Registering Your Account. In order to access certain features of Nicole In The Wild you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
2. Registration Data. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Nicole In The Wild under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Nicole In The Wild by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nicole In The Wild has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nicole In The Wild has the right to suspend or terminate your Account and refuse any and all current or future use of Nicole In The Wild (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use Nicole In The Wild if you have been previously removed by Nicole In The Wild, or if you have been previously banned from any of Nicole In The Wild .
3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Nicole In The Wild , including but not limited to, a mobile device that is suitable to connect with and use Nicole In The Wild , in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Nicole In The Wild . By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services. Nicole In The Wild will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org.
3. Responsibility for Content.
1. Types of Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Nicole In The Wild (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Nicole In The Wild, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Nicole In The Wild (“Your Content”), and that you and other users of Nicole In The Wild , and not Nicole In The Wild, are similarly responsible for all Content they Make Available through Nicole In The Wild (“User Content”).
2. No Obligation to Pre-Screen Content. You acknowledge that Nicole In The Wild has no obligation to pre-screen Content (including, but not limited to, User Content), although Nicole In The Wild reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Nicole In The Wild pre-screens, refuses or removes any Content, you acknowledge that Nicole In The Wild will do so for Nicole In The Wild’s benefit, not yours. Without limiting the foregoing, Nicole In The Wild shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
1. Nicole In The Wild . Except with respect to any Content you may post and any content a user may post, you agree that Nicole In The Wild and its suppliers own all rights, title and interest in Nicole In The Wild (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Nicole In The Wild.
2. Trademarks. Nicole In The Wild and other related graphics, logos, service marks and trade names used on or in connection with Nicole In The Wild or in connection with the Services are the trademarks of Nicole In The Wild and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Nicole In The Wild are the property of their respective owners.
3. Other Content. Except with respect to any Content that you may post, you agree that you have no right or title in or to any Content that appears on or in Nicole In The Wild .
4. License to Your Content. You grant Nicole In The Wild a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing Nicole In The Wild to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of the Content you may post that you submit to any “public” area of Nicole In The Wild . You warrant that the holder of any worldwide intellectual property right, including moral rights, in any content you may post, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Nicole In The Wild, are responsible for all of the Content you may post on or in Nicole In The Wild .
5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Nicole In The Wild through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Nicole In The Wild has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Nicole In The Wild a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Nicole In The Wild .
5. Third-Party Services. Nicole In The Wild may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Nicole In The Wild and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Nicole In The Wild. Nicole In The Wild is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Nicole In The Wild provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. For more information about how we use affiliate links, please review our Affiliate Compensation Disclosure, available at www.nicoleinthewild.com/affiliate-disclosure.
6. Product Purchase Terms.
1. Products. Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. 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 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 that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
3. Payment Information. By providing your payment and financial information, you agree that Nicole In The Wild, its service providers (e.g., Shopify, Inc.), and any of their third party payment processors are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required. Nicole In The Wild reserves the right at any time to change its prices and billing methods. All information that you provide must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
5. Orders. 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.
6. Cancellations. Nicole In The Wild reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by Nicole In The Wild, as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that Nicole In The Wild would refuse to accept an order, Nicole In The Wild reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) unavailability of a merchandise due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable prior to delivery, Nicole In The Wild reserves the right to cancel your order and provide you a refund for the amount paid for the Product. If this occurs, then Nicole In The Wild will attempt to contact you so that you are aware of the situation. In order to protect the intellectual property rights of Nicole In The Wild and its licensors and suppliers, any suspected resale of Products for personal and/or business profit is strictly prohibited. Nicole In The Wild will not accept any order that is deemed to possess characteristics of reselling. Nicole In The Wild reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
7. Transfer of Risk and Title. Risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
9. Refund Policy. ALL SALES ARE FINAL. Nicole In The Wild does not accept returns, exchanges or refunds. Please note Nicole In The Wild, reserves the right to refuse all returns.
7. Indemnification. You agree to indemnify and hold Nicole In The Wild, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Nicole In The Wild Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) any content you may post; (b) your use of, or inability to use, Nicole In The Wild ; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Nicole In The Wild reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nicole In The Wild in asserting any available defenses. This provision does not require you to indemnify any of the Nicole In The Wild Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Nicole In The Wild .
8. Disclaimer of Warranties and Conditions.
1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Nicole In The Wild IS AT YOUR SOLE RISK, AND Nicole In The Wild ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Nicole In The Wild PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
1a. Nicole In The Wild PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) Nicole In The Wild WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Nicole In The Wild WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF Nicole In The Wild WILL BE ACCURATE OR RELIABLE.
2. ANY CONTENT ACCESSED THROUGH Nicole In The Wild IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS Nicole In The Wild , OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NICOLE IN THE WILD MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Nicole In The Wild OR THROUGH Nicole In The Wild WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
2. No Liability for Content. THE SERVICE CONTAINS OPINIONS AND VIEWS OF Nicole In The Wild AND ITS USERS. Nicole In The Wild DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY Nicole In The Wild OR ANY OF ITS USERS THAT ARE MADE AVAILABLE THROUGH THE SERVICE.
3. No Liability for Conduct of Third Parties or Products. YOU ACKNOWLEDGE AND AGREE THAT Nicole In The Wild PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Nicole In The Wild PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES OR THE PRODUCTS THAT THEY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU.
4. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF Nicole In The Wild . YOU UNDERSTAND THAT Nicole In The Wild DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF Nicole In The Wild .
5. Professional Advice Disclaimer.
1. THE CONTENT AND INFORMATION LOCATED ON THE Nicole In The Wild ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE Nicole In The Wild AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
2. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE Nicole In The Wild . THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE Nicole In The Wild IS SOLELY AT YOUR OWN RISK.
3. NOTHING STATED OR POSTED ON THE Nicole In The Wild OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
4. THE Nicole In The Wild ARE CONTINUALLY UNDER DEVELOPMENT AND Nicole In The Wild MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
9. Limitation of Liability.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Nicole In The Wild PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH Nicole In The Wild , OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT Nicole In The Wild HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF Nicole In The Wild , ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE Nicole In The Wild ; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH Nicole In The Wild ; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF Nicole In The Wild OR ANY THIRD PARTY ON Nicole In The Wild ; OR (5) ANY OTHER MATTER RELATED TO Nicole In The Wild , WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A Nicole In The Wild PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A Nicole In The Wild PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A Nicole In The Wild PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. Nicole In The Wild DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY Nicole In The Wild’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL Nicole In The Wild PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Nicole In The Wild by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A Nicole In The Wild PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A Nicole In The Wild PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A Nicole In The Wild PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Nicole In The Wild AND YOU
10. Remedies. If Nicole In The Wild becomes aware of any possible violations by you of the Terms, Nicole In The Wild reserves the right to investigate such violations. If, as a result of the investigation, Nicole In The Wild believes that criminal activity has occurred, Nicole In The Wild reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Nicole In The Wild is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Nicole In The Wild , including any content you may post, in Nicole In The Wild’s possession in connection with your use of Nicole In The Wild , to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that the content you may post violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Nicole In The Wild, its users or the public, and all enforcement or other government officials, as Nicole In The Wild in its sole discretion believes to be necessary or appropriate.
11. Term and Termination.
1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Nicole In The Wild , unless terminated earlier in accordance with the Terms.
2. Termination of Services by Nicole In The Wild. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Nicole In The Wild is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Nicole In The Wild has the right to, immediately and without notice, suspend or terminate any Services provided to you. Nicole In The Wild reserves the right to refuse service and/or prohibit or terminate access to the Nicole In The Wild , in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms may jeopardize your continued use of the Nicole In The Wild and may result in the cancellation of your orders, among other consequences. You agree that all terminations for cause shall be made in Nicole In The Wild’s sole discretion and that Nicole In The Wild shall not be liable to you or any third party for any termination of your Account.
3. Termination of Services by You. If you want to terminate the Services provided by Nicole In The Wild, you may do so by (a) notifying Nicole In The Wild at any time, and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Nicole In The Wild’s address set forth below.
4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including the content you may post. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of any content you may post associated therewith from our live databases. Nicole In The Wild will not have any liability whatsoever to you for any suspension or termination, including for deletion of the content you may post. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. International Users. Nicole In The Wild can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Nicole In The Wild intends to announce such Services or Content in your country. Nicole In The Wild are controlled and offered by Nicole In The Wild from its facilities in the United States of America. Nicole In The Wild makes no representations that Nicole In The Wild are appropriate or available for use in other locations. Those who access or use Nicole In The Wild from other countries do so at their own volition and are responsible for compliance with local law.
13. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement
Last Updated Date: Mar. 2, 2021
The privacy of visitors to nicoleinthewild.com is important to us. At nicoleinthewild.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit nicoleinthewild.com, and how we safeguard your information. We never sell your personal information to third parties.
Note for website owner: The General Data Protection Regulation GDPR requires that you be able to provide a resident of a country in the European Economic Area (EEA) with among other things, the ability to access any personal data collected about them, and delete the data. AdThrive will handle compliance with the GDPR with respect to data collected via the ads served through the AdThrive services. If your website is not capable of providing EEA residents with the rights set forth below in the section entitled “Additional Rights of EEA Residents,” then you must take steps to avoid acquiring personal information from EEA residents.
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider), the browser you used to visit our site (such as Google Chrome or Firefox), the time you visited our site and which pages you visited throughout our site.
COOKIES AND WEB BEACONS
For European Economic Area Residents
If you reside in a country in the European Economic Area (EEA), then under the GDPR and applicable data protection laws you have the rights, among other things, to access your personal data, have us erase it, and/or restrict its further processing. If you wish to access or delete your personal data (if any) maintained by us or AdThrive related to advertising on the Site, you can contact us at email@example.com. If you wish to see a list of the advertising partners we work with or change which of those partners track your behavior using cookies, click the ad preferences link at the bottom of the site. (Available in the EU.)
For California Residents
California law gives residents the right to opt out of the “sale” of their personal information to third parties, including for advertising purposes. Under California law, the sharing of your information with a service provider for advertising purposes could be considered a “sale.” To opt out of the sharing of your information for advertising information, click the opt out link provided in the footer of this page. You also have the right to request from us the categories of personal information that we have shared and the categories of third parties to whom the information was provided. To make such a request, please contact us at firstname.lastname@example.org. To be clear we do not share your name, contact information, or any other sensitive information with third parties, and the categories of third parties that we share information with for advertising purposes are supply side platforms, programmatic advertising exchanges, and demand side platforms.
Registration or Account Data
We may collect other information from you when you register with our Site in order to use various features. Such information could include your name, birthday, postal code, screen name, and password (if applicable). As you use the Site, we could collect other data that you provide voluntarily (such as comments that you post).We may also collect information about you through other methods, including research surveys, social media platforms, verification services, data services, as well as public sources.