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TERMS OF USE OF NICOLEFRANKTWE.COM

 

Last Revised: 10/02/2017

 

Rivetage, Inc., doing business as “Nicole Frank” (“us,” “our,” “we,” or “Company”) welcomes you to our website, www.NicoleFrankTWE.com (“the Site”). The following terms and conditions (“Terms of Use” or “Agreement”) shall govern your use and purchase of products (collectively, “Use”) of our Site.

 

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE WHENEVER YOU USE THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our privacy policy can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

Site Contents

Unless otherwise noted, the Site as a whole, and all features and materials of the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Rivetage, Inc. or its affiliates.

 

The Site and the Contents are intended only for personal, non-commercial use. You may download or copy the Contents and other materials displayed on the Site for your personal use only. No right, title or interest in any Content is transferred to you as a result of such download or copying. You may not reproduce (except as previously set forth), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and/or criminal penalties.

 

Comments, Feedback and Other Submissions

We welcome your comments regarding our products and services. However, we do not accept unsolicited confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Rivetage, Inc. using this Site or otherwise (collectively “Comments”) are not confidential and will become and remain the property of Rivetage, Inc. The disclosure, submission or offer of any Comments will constitute an irrevocable assignment to Rivetage, Inc. of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation or other consideration. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

 

Quantity Limits

We offer products and services to consumers as a retailer. We are not a wholesaler and do not sell to individuals or dealers for the purpose of resale to others. We may, in our sole discretion, limit, cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing or shipping address. In the event we make a change to, or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

 

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modifications, suspension, or discontinuation of the Site, or any service, content feature or product offered through the Site.

 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

Colors & Style

Please note that while we have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site, we cannot guarantee that your computer or device’s display of any color or style will be accurate.

 

Links to Other Websites and Services

The Site may include links to other websites and services that are maintained by third parties (“Linked Sites”). Linked Sites are provided to you solely for your convenience. Linked Sites are not under the control of us, we are not responsible for the content of the Linked Sites, and such linking does not constitute an endorsement of any Linked Sites. If you use the links, you are doing so at your own risk, you will leave the Site, and your activities may be governed by other terms and conditions and privacy practices.

 

Disclaimer, Limitation of Liability, and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. RIVETAGE, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIED OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RIVETAGE, INC. DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH RIVETAGE, INC. ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER RIVETAGE, INC. NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OF ANY MATERIALS ON THE SITE, OR DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RIVETAGE, INC., ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, DUE TO YOUR USE OF THE SITE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OTHER PROVISION OF THE AGREEMENT. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE OTHERWISE PROHIBITED BY LAW.

 

Copyright Complaints

We respect the intellectual property of others. If you believe that your intellectual property rights or the intellectual property rights of a third party have been violated please provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:

           

Rivetage, Inc.

ATTN: DMCA Designated Agent

2240 Encinitas Blvd

Suite #D114

Encinitas, CA 92024

Phone: (858) 381-0428

Email: CustomerService@NicoleFrankTWE.com

 

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated either by you or Rivetage, Inc. You may terminate this Agreement at any time. Rivetage, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgement you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

 

Arbitration Agreement

By using this Site you unconditionally agree that all claims relating to your access or use of our Site, including disputes arising out of, or related to, any products or services purchased from Rivetage, Inc. through our Site, shall be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

 

There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is more limited in arbitration than in court. However, an arbiter can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

 

You may begin an arbitration proceeding by sending a letter requesting arbitration to Rivetage, Inc., Attn: General Counsel, 2240 Encinitas Blvd, Suite #D114, Encinitas, CA. 92024. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree on another arbitration provider. Payment of all filing, administration and arbiter fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

Geographic Restrictions

The owner of this Site is based in the State of California in the United States. We make no claims that the Site or any of its content is appropriate or accessible outside the United States. If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.

 

General Provisions

This Agreement shall be governed by the laws of the United States and the State of California without regard to choice of laws principals, except the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The Waiver of any provision of the Agreement shall not be considered a waiver of any other provisions or of Rivetage, Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site