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Terms & Policy

TERMS AND CONDITIONS

Kobra International, Ltd. dba Nicole Miller (“NM”) is the owner of and operates this web site ("NicoleMiller.com")(the "Web Site"). 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND YOUR AGREEMENT TO ABIDE THEREBY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

• Products, Content and Specifications. All features, content, specifications, products and prices of products and services described, depicted or offered for sale on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. NM makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and NM cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that the same products or services will be available at any other time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and purchase of any item on this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

• Shipping Limitations When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon NM's delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

• Accuracy of Information. NM attempts to ensure that information on this Web Site is complete, accurate and current. Despite NM's best efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. NM makes no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, NM may make changes to information about price and availability without notice. While it is NM's practice to confirm orders by email, the receipt of an email order confirmation does not constitute NM's acceptance of an order or NM's confirmation of an offer to sell a product or service. NM reserves the right, without prior notice, to limit the order quantity on any product. NM also may require verification of information prior to the acceptance and/or shipment of any order.

• Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of or used with permission by NM, are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

• Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of NM and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without NM's written permission or the written permission of such third party owner. NM will protect and enforce its intellectual property rights to the fullest extent of the law.

• Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site without NM's prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another web site without NM's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

• Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by NM or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither NM nor any of NM's affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither NM nor any of NM's affiliates endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk.

• Inappropriate Material. You are prohibited from posting or transmitting on or through this Web Site any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that NM may have at law or in equity, if NM reasonably determines that you have violated or are likely to violate the foregoing prohibitions, NM may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. NM will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing NM to disclose the identity of anyone posting such materials.

• Gift Certificates. Gift certificates can only be redeemed for purchases made on this Web Site, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. NM is not responsible for lost or stolen gift certificates. NM makes no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and NM's sole liability, shall be the replacement of such gift certificate. 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 might have additional rights.

Orders for Products and Services.  You may only order products if, and you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to NM. You agree to pay all applicable taxes. If payment is not received by NM from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by NM. You agree that you are not permitted to resell any products purchased through the Web Site for commercial purposes.

Limits on Purchases.  NM does not authorize the purchase of its merchandise for resale purposes. NM may, in its sole discretion, limit or cancel quantities purchased per order, per person or per household. NM reserves the right to limit or prohibit orders that, in NM's sole judgment appear to be placed by dealers, resellers or distributors. NM also reserves the right to cease doing business with those customers violating this policy.

• User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. NM, each of NM's affiliates and/or NM's designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. NM may, but is not obligated to, monitor or review any User Communications. NM shall have no obligation to use, return, review, or respond to any User Communications. NM will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. NM retains the right to remove any and all User Communications that include any material NM, in its sole discretion, deems inappropriate or unacceptable.

When you provide NM with User Communications, you hereby grant to NM and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable license and permission to use, copy, display and perform your User Communications in connection with the Web Site. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any User Communications. NM reserves the right to display advertisements in connection with your User Communications and to use your User Communications to advertise and promote your User Communications, the Web Site, NM and its products.

NM reserves the right, but does not have an obligation, to monitor and/or review User Communications. NM does not endorse or control the User Communications transmitted or posted on the Web Site and, therefore, NM is not responsible for User Communications. NM does not guarantee the accuracy, integrity, legality, or quality of User Communications, which may not necessarily reflect the views of NM.  Under no circumstances will NM be liable in any way for any User Communications, including, without limitation, for any errors or omissions in any User Communications, or for any loss or damage of any kind incurred by you as a result of the use of any User Communications submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the Web Site. NM has no control over User Communications once it leaves the Web Site, and it is possible that others may duplicate User Communications on other sites on the internet. 

You acknowledge that NM has the right – though not the obligation – in its sole discretion to refuse to post or remove any User Communications, and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Communications.  You hereby waive any rights you have with regard to your User Communications being altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms of Use, NM has the right to remove any User Communications that violate this policy or are otherwise objectionable, and it reserves the right to refuse service and/or terminate access without prior notice for any user who violates this policy or infringes the rights of others.

Unless specifically requested, NM does not solicit nor does it wish to receive any confidential, secret, or proprietary information from you through the Web Site, by e-mail, or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us will be deemed not to be confidential or secret, and will not be subject to and/or protected by NM's Privacy Policy.

In the course of your use of the Web Site, you may be asked to provide certain personalized information to NM, including, but not limited to, e-mail addresses and other identifying information (such information is referred to hereinafter as "User Information"). NM's information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy which is incorporated herein by reference for all purposes, and which can be accessed via the “Privacy Policy” link on the Web Site. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

As you navigate the Web Site, certain limited information can and may be collected automatically from you without your active involvement.  You acknowledge and agree that NM and/or its agents and/or independent contractors may track, monitor, and/or otherwise collect information regarding the number of viewers and/or “hits” to the Web Site for its own internal purposes.  You also agree that NM owns any and all such information that it collects.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEB SITE AND THE SERVICES IS AT YOUR OWN RISK.  THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENTS, FUNCTIONS AND MATERIALS HEREIN, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND/OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NM HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NM DOES NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENTS, FUNCTIONS, OR MATERIALS CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NM  MAKES NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NM ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE AND/OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE AND/OR ITS CONTENTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NM HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE OR ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. NM MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NM TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. NM RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. NM CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THEWEB  SITE, NOR WILL IT BE LIABLE FOR ANY INACCURACY(IES) OR OMISSION(S) CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEB SITE.

Indemnification. You agree to indemnify, defend and hold harmless NM and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Web Site and any violation(s) of these Terms of Use. If you cause a technical disruption of the Web Site or the systems transmitting the Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. NM reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully and completely cooperate with NM in the defense of any such matter.

• LIMITATIONS OF LIABILITY. NM assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials from this Web Site. IN NO EVENT WILL NM, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

• Revisions to these Terms and Conditions. NM may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions as amended because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

• Choice of Law; Jurisdiction. To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York County, in the state of New York and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Web Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, such offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and NM relating to your use of the Web Site, superseding any other agreement between you and NM with respect to the subject matter of these Terms and Conditions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions and/or your use of the Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

• Termination. You or NM may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. NM reserves the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

 Additional Assistance. If you have any questions or comments regarding these Terms and Conditions, we invite you to call our customer service department at 1-877-225-2963.