Terms of Use

 

Welcome and thank you for visiting www.nicanaturals.com. This Website, located at www.nicanaturals.com, is owned and operated by Nica Naturals, LLC. These Terms of Use (“Terms”) apply to this website, and any other website where these Terms are posted (collectively referred to as the “Website”). As used in the Terms, “You” or “Your” refers to visitors and users of the Website. “We,” “Us,” or “Nica Naturals” includes Nica Naturals, LLC (“Nica Naturals”) and its parent, subsidiaries, affiliates, and related companies, as well as any third-party vendors We hire to assist directly in the administration of the Website. 

 

Binding Agreement

By using the Website and accessing information provided on the Website, You acknowledge that You have read, understood and agree to be bound by the following Terms and all applicable laws, rules and regulations. If You do not agree to these Terms, You may not use the Website.

 

Special Note to Our Visitors

The Website does NOT provide any medical advice, diagnosis, or treatment. If You need medical advice, diagnosis, or treatment, please see a physician and do NOT use the Website for that purpose. Further, Nica Naturals does not and cannot recommend treatment or offer medical advice on personal health matters.  The contents contained herein, including but not limited to all product information, are for informational purposes only and are not intended, nor should they be used, as a substitute for professional medical advice, diagnosis or treatment. 

 

While We make reasonable efforts to ensure the information provided on the Website is accurate, We make no warranties about the accuracy and reliability of the information, data or content on the Website. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website. The Website is provided “AS IS” without warranty, express or implied. See the Disclaimer of Warranties Section below for more details.

 

Children

The Website is not intended for use by persons under the age of 18. By accessing and using the Website, You have indicated that You are at least 18 years old or older.

 

Proper Use of the Website

You agree that You will use the Website in compliance with all applicable local, state and federal laws, rules and regulations. Violation of any of the foregoing may result in immediate termination of these Terms and may subject You to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate Your use of the Website in order to (a) determine whether a violation of these Terms has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You may not use the Website in any manner that could damage, disable, overburden, or impair Our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. You further agree not to use the Website to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without Nica Naturals’ express written approval.  We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms.  

Certain parts of the Website may require a password to enter. You agree that You are responsible for all acts or omissions that occur on Your account while Your password is being used. If You believe someone has used Your password or account without Your authorization, You must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests

 

Nica Naturals may permit Internet users to engage in discussions, chats, postings, transmissions, bulletin boards, and the like on the Website.  From time to time, Nica Naturals may monitor or review such content, but Nica Naturals expressly disclaims any duty to do so and assumes no responsibility or liability arising from such content. Nica Naturals reserves the right (but assumes no obligation) to delete, move, or edit any such content that We consider, in our sole discretion, to be unacceptable or inappropriate, whether for legal or other reasons. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.  Nica Naturals will cooperate with law enforcement authorities or court order requesting or directing Nica Naturals to disclose the identity of anyone posting any such information or materials.

 

Privacy

We collect personal information on the Website, which is subject to the terms of Our Privacy Policy, located at http://nicanaturals.com/nicastore/index.php?main_page=privacy

Any information that You voluntarily disclose via the Website shall be disclosed at Your own risk. You understand and agree that while We are committed to protecting privacy and confidentiality of the information You disclose in accordance with Our Privacy Policy, We are unable to ensure protection from hackers, thieves, honest error, or unforeseen misconduct.

General Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS AND “AS AVAILABLE.” NICA NATURALS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, NICA NATURALS, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR NICA NATURALS, OR ON ANY SITE OR SITES “LINKED” TO THE WEBSITE. NICA NATURALS MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, NON-INFRINGING, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL NICA NATURALS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT DESCRIBED ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITE.

Intellectual Property Rights & Grant

The Website contains copyrighted material, trademarks and other proprietary information, including data, text, software, photos, video and graphics (“Content”). This Content is copyrighted or otherwise protected and owned by Nica Naturals or a third party who licensed or granted to Nica Naturals the right to use such material.

Nica Naturals authorizes You to copy materials published by it on the Website for non-commercial and internal use only. This means You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Website or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without the prior written consent of Nica Naturals. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

In the event You make a permitted, non-commercial use of the Content, You must ensure that any such copy of the Content includes the appropriate copyright and/or other proprietary notification.

Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Nica Naturals or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right to use or exploit any copyrighted material displayed or available Website.

By submitting any content of information to Nica Naturals via the Website, you automatically grant, or warrant that the owner of such Content has expressly granted, Nica Naturals the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and/or information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nica Naturals with the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that you claim has been infringed;

· a description of where the material that you claim is infringing is located on the site;

· your address, telephone number, and email address;

· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Nica Naturals’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Nica Naturals
c/o Copyright Agent
B. Jno-Finn

P.O. Box 52062

New Orleans, LA 70152

By email: info@nicanaturals.com

Links to Other Websites

The Website may contain links or references to other Websites.  We do not control, nor endorse, other Websites and these Terms does not apply to those Websites. Under no circumstances shall We be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such an external website.  We encourage You to read the Terms and Privacy Policy of every Website You visit.

 

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICA NATURALS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, RELIANCE UPON ANY STATEMENT OR INFORMATION OR CONTENT PROVIDED BY THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE WEBSITE OR ANY SITE OPERATED BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NICA NATURALS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

 

Changes to the Terms of Use

Nica Naturals may, from time to time in its sole discretion, change or modify these Terms. Any changes or modification will be effective upon posting of the revisions on the Website.  At any given time, Your access and use of the Website and provision of information is governed by the Terms then in effect. Your continued use of the Website following Nica Naturals’ posting of any changes or modifications constitutes Your acceptance of such changes or modifications.  Should You not wish to be bound by the modified Terms, please do not access or make any further use of the Website.

 

Choice of Law

These Terms are governed by the laws of the State of Louisiana, without resort to its conflict of laws principles.  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 of these Terms.  You expressly agree that exclusive jurisdiction for any dispute with Nica Naturals, or in any way relating to Your use of the Website, resides in the courts of the State of Louisiana. 

Effective Date: April 1, 2010