Please read the following Terms of Service (the "Terms") carefully before using the websites of Nicholas Markets, Inc. ("Nicholas Markets", "our", or "we") and its affiliates, including, but not limited to, the Nicholas Markets website, the Sonny's Frozen Desserts website, and the Nicholas Markets Lunches website, and any communications features, online features, services and/or programs offered by Nicholas Markets (collectively, the "Website").
By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.
You should review these Terms regularly as they may change at any time in the sole discretion of Nicholas Markets, Inc. ("Company"). If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. "Content" refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.
3. USER ACCOUNT, PASSWORD
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Company of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Website (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Company and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF COMPANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. THIRD PARTY CONTENT. Company may provide hyperlinks to other Websites maintained by third parties, or Company may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER COMPANY'S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
9. AVAILABILITY. Information that Company publishes on the Website may contain references or cross-references to products, programs or services of Company, its clients, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Company, or any of its clients, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.
10. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Company, to its clients, to the business of the Website's service provider, or to other information providers.
11. GOVERNING LAW. These Terms will be governed by the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts sitting in Newark, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms and conditions that apply to your use of the Website.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by emailing us at firstname.lastname@example.org or by sending your comments to:
Nicholas Markets, Inc.
195 Browertown Road
West Paterson, NJ 07424
Attn: Customer Care – Website Issues
Copyright © 2015 Nicholas Markets, Inc. All Rights Reserved.
EFFECTIVE AS OF: August 13, 2015
LAST UPDATED: September 2, 2015