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you for visiting Nicayla.Com. The Nicayla.Com website has been made
available to you subject to your compliance with the terms and
conditions set forth below (the "Conditions of Use").
Please
read this document carefully before accessing or using the Nicayla.Com
website. By accessing or using this website, you are agreeing to be
bound by the Conditions of Use. If you do not wish to be bound by the
Conditions of Use, you may not access or use the website.
Modification
of these Conditions of Use
Nicayla.Com reserves the right to change the terms, conditions, and
notices at any time, and such modifications shall be effective
immediately upon posting of such changes. You are therefore responsible
for regularly reviewing these Conditions of Use and additional terms or
notices posted on the Nicayla.Com website. Your continued access of this
website shall be deemed your conclusive acceptance of the modified
agreement.
Privacy
Please review our Privacy Policy, which also governs your visit to
Nicayla.Com, to understand our practices regarding the use and
disclosure of your personal information.
Electronic
Communications
When you visit Nicayla.Com or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive
communications from us electronically or by other means available. We
will communicate with you electronically, by telephone or by facsimile.
It is further understood that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communication be in writing.
Copyright
and Licenses
The entire contents of this website, including but not limited to: Text,
graphics, logos, button icons, Flash movies, images, audio clips,
digital downloads, data compilations, and software, are the property of
Nicayla.Com or its content suppliers and are protected by Domestic and
International copyright and trademark laws. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute any portion
of the website contents without the prior express written consent of
Nicayla.Com.
You
may print or download portions of the materials from various areas of
this website solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our website
constitutes a copyright infringement of another parties rights, please
contact us immediately at this link
to notify us of this infringement.
Your
submissions of files including, but not limited to: Resumes, e-mail,
flash movies, images, logos, audio loops, and other software hereby
constitutes your agreement to grant Nicayla.Com a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license, to
reproduce, distribute, transmit, modify, adapt, sub-license, and
publicly display any such submissions. You also grant Nicayla.Com the
right to utilize your name in connection with all advertising, marketing
and promotional materials related thereto.
License
and Website Access
Nicayla.Com grants you limited license to access and make personal use
of this website and not to download (other than for page caching
purposes) or modify it, or any portion of it, except with the express
written consent of Nicayla.Com. This website or any portion of this
website may not be reproduced, duplicated, adapted, copied, sold,
resold, transmitted or otherwise exploited for any commercial purpose
without the express written consent of Nicayla.Com. You may not frame,
or use any framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, flash movie, page
layout, or form) of Nicayla.Com without the express written consent of
Nicayla.Com. You may not use META tags or any other "hidden
text" which utilize Nicayla.Com, Nicayla, or any other derivative
of our domain or company name without the express written consent of
Nicayla.Com. You are hereby granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of Nicayla.Com
so long as the link does not portray any false, misleading, derogatory,
or otherwise offensive matter.
It
is further understood and agreed that Nicayla.Com cannot and does not
guarantee or warrant that files made available for downloading through
the Nicayla.Com website will be free of infection or viruses, worms,
Trojan horses or other code that manifests contaminating or destructive
properties. It is your responsibility for implementing sufficient
safeguards and procedures to ensure that any files obtained through
Nicayla.Com are free from such contaminations.
Disclaimer
of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY NICAYLA.COM ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NICAYLA MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY
KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NICAYLA DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NICAYLA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT
FROM NICAYLA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NICAYLA
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NICAYLA.COM
USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THIS WEBSITE. NICAYLA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH
OTHER INCORRECT INFORMATION, NICAYLA SHALL HAVE THE RIGHT TO REFUSE OR
CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A
PRODUCT OFFERED BY NICAYLA IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO
RETURN IT TO NICAYLA FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A
PRODUCT WILL BE AT THE BUYER'S EXPENSE.
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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third
Party Links
Linked websites are not under the control of Nicayla.Com and Nicayla.Com
is not responsible for the contents of any linked site or any link
contained in a linked site. Nicayla.Com provides links to you only as a
convenience, and the inclusion of any link does not imply or constitute
an endorsement by Nicayla.Com of the site.
Applicable
Law
By visiting the Nicayla.Com website, you agree that the laws of the
state of Michigan, without regard to principals of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that
might arise between you and Nicayla.Com.
Disputes
Any dispute relating in ay way to your visit or access of the
Nicayla.Com website or to the products or services you purchase through
the Nicayla.Com website shall be submitted to binding arbitration in
Wayne County, Michigan, except that, to the extent you have in any
manner violated or threatened to violate Nicayla's intellectual property
rights, Nicayla.Com may seek injunctive or other appropriate relief in
any state or federal court in the state of Michigan, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under these
Conditions of Use shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under these Conditions of Use shall be joined to an
arbitration involving any other party subject to these Conditions of
Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Nicayla.Com, its
officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website from
and against all losses, expenses, damages and costs, including
attorney's fees, resulting from any violation of these Conditions of Use
(including negligent or wrongful conduct) by you or your use and access
of the Nicayla.Com website.
International
Use
Given the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement.
Additionally, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
Other
Provisions
Nicayla.Com's failure to insist upon or enforce strict performance of
any provision of these Conditions of Use shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of
these Conditions of Use. Nicayla.Com may assign its rights and duties
under these Conditions of Use to any party at any time without notice to
you. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity or enforceability of any remaining
condition. Any rights not expressly granted herein are reserved.
Request
and Address
Please send notices by care of e-mail to: Mary
Joyce.
(or)
by our Mailing Address:
Nicayla.Com
27907 Copper Creek Ln.
Farmington Hills, MI
48331
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