Onestop Internet, Inc. ("Onestop") operates
this web site (the "NicoleMiller.com") pursuant to
agreements with Nicole Miller Inc. ("NMI"). NMI and
Onestop are hereinafter referred to as "we" or "us".
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.
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 or depicted 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. We make all reasonable efforts to
accurately display the attributes of our products, including
the applicable colors; however, the actual color you see will
depend on your computer system and we cannot guarantee that
your computer will accurately display such colors. The inclusion
of any products or services in this Web Site at a particular
time does not imply or warrant that these products or services
will be available at any 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 sale of any item purchased from 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 shipping to an 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 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. We attempt to ensure that
information on this Web Site is complete, accurate and current.
Despite our efforts, the information on this Web Site may occasionally
be inaccurate, incomplete or out of date. We make 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, we may make changes in
information about price and availability without notice. While
it is our practice to confirm orders by email, the receipt of
an email order confirmation does not constitute our acceptance
of an order or our confirmation of an offer to sell a product
or service. We reserve the right, without prior notice, to limit
the order quantity on any product or service and/or to refuse
service to any customer. We 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, NMI and/or Onestop
and 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,
or 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
us and our 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
our written permission or the written permission of such third
party owner.
• Linking to this Web Site. Creating or maintaining any
link from another Web site to any page on this Web Site without
our 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
our 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 us or our affiliates. All such links are provided
solely as a convenience to you. If you use these links, you
will leave this Web Site. Neither we nor any of our affiliates
are responsible for any content, materials or other information
located on or accessible from any other Web site. Neither we
nor any of our 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 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 we may have
at law or in equity, if we reasonably determine that you have
violated or are likely to violate the foregoing prohibitions,
we may take any action we reasonably deem necessary to cure
or prevent the violation, including without limitation, the
immediate removal from this Web Site of the related materials.
We will fully cooperate with any law enforcement authorities
or court order or subpoena requesting or directing us to disclose
the identity of anyone posting such materials.
• 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.
We, each of our affiliates and/or our 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. We may, but are not obligated to, monitor or review
any User Communications. We shall have no obligation to use,
return, review, or respond to any User Communications. We 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. We retain the right to remove any or
all User Communications that includes any material we deem inappropriate
or unacceptable.
• DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK.
THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS
WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY
OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS
WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB
SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES
MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS
OR SERVICES. 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.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB
SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR
RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM 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, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE,
CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH
ANY CODES, OR MISAPPROPRIATION. WE MAKE 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
• LIMITATIONS OF LIABILITY. We assume 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 WE, OUR 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 FROM THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR 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. We 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 then current Terms and Conditions 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. These Terms and Conditions
supersede any other agreement between you and us to the extent
necessary to resolve any inconsistency or ambiguity between
them. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of New York, without
giving effect to any principles of conflicts of laws. 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 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 we 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. We
reserve the right to change, suspend, or discontinue all or
any aspect of this Web Site at any time without notice. Additional
Assistance. If you do not understand any of the foregoing Terms
and Conditions or if you have any questions or comments, we
invite you to call our customer service department at 1- 888-300-6258