Terms & Policy
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; this does not apply to New Jersey residents. 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 Despite NM's best efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date.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. To the maximum extent permitted under applicable laws, 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. Notwithstanding anything to the contrary contained herein, the foregoing disclaimer(s) of warranties shall not apply to New Jersey residents.
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.
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.
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
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, 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. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NONE OF THE FOREGOING DISCLAIMERS/EXCLUSIONS OF WARRANTIES IN THIS PARAGRAPH APPLY TO NEW JERSEY RESIDENTS. MOREOVER, THE FOREGOING DISCLAIMERS/EXCLUSIONS OF WARRANTIES MAY NOT APPLY UNDER THE LAWS OF OTHER STATES/JURISDICTIONS. . PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH OTHER PROHIBITIONS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES IN THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS AND MAY NOT APPLY TO THE RESIDENTS OF OTHER STATES/JURISDICTIONS TO THE EXTENT OTHERWISE 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 THE WEB SITE, NOR WILL IT BE LIABLE FOR ANY INACCURACY(IES) OR OMISSION(S) CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEB SITE.
• LIMITATIONS OF LIABILITY. To the maximum extent permitted under applicable laws, 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, UNLESS CAUSED BY NM’S NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO NEW JERSEY RESIDENTS AND AND MAY NOT APPLY TO THE RESIDENTS OF OTHER STATES/JURISDICTIONS TO THE EXTENT OTHERWISE PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH OTHER 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. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO NEW JERSEY RESIDENTS AND MAY NOT APPLY TO THE RESIDENTS OF OTHER STATES/JURISDICTIONS TO THE EXTENT OTHERWISE PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH OTHER PROHIBITIONS.
• 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.
• 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.