Terms of Use

Welcome to NoliaMabel.com (“the Site”). The Site is owned by Nolia Mabel, LLC, a Massachusetts Limited Liability Company (“the Company”). Please read these Terms of Use carefully. By visiting the Site, you are accepting these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Site and do not use any of the services provided by Company. 

THESE TERMS OF USE ALSO APPLY TO ALL MERCHANDING CHANNELS OF THE COMPANY AND ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA AND PARTICIPATING RETAIL STORES. BY ACCESSING ANY OF THE COMPANY MERCHANDING CHANNELS, AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE.

User Representations/Responsibilities

You must be 18 years or older to use this Site and purchase any Company products or services. When you access the Site, you represent and warrant that you are 18 years or older and that you have the ability and authority to enter into contracts. The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children under 13 years of age. 

To provide Company with information and to purchase Company products or services, you may be required to create a unique user name and password. You are responsible for maintaining the security and confidentiality of your user name and password.

Subscription Renewal

Your subscription will automatically renew on a monthly basis. You may cancel your subscription at any time but must cancel before it automatically renews to avoid being charged for the next month. We do not provide credits or refunds for any subscription cancelled during a monthly period. However, you will continue to have access to your subscription for the remainder of the period.

Intellectual Property Rights

All of the content on the Site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Company. The content of the Site is intended solely for personal, noncommercial use by the users of the Site. The content provided on the Site may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of Company. You may not modify or change the content in any way or remove or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred as a result of any such downloading. Company reserves complete title and full intellectual property rights in any downloaded content.

All content and information that you may post on Site shall be and remain the property of Company which may be used for any purpose, including commercial purposes. When you post content and information on the Site, you assign to Company all worldwide right, title and interest in all copyright and other intellectual property rights in that content and information.

Disclaimer

The Company does not warrant that descriptions of products posted on the Site or any other information on the Site is accurate, complete, or error-free. The Company does not control and takes no responsibility for links to other websites or resources provided on the Site. The existence of a link to another website on the Site does not constitute an endorsement of that website.

Lawful Use

The Site may be used for only lawful purposes.  By use of the Site, you agree to:

  • Follow these Terms of Use and all applicable laws;
  • Provide only truthful and accurate information;
  • Not take any action that might compromise the security of the Site or disrupt the operation of the Site; and
  • Not to use the Site in any manner that might interfere with the rights of third parties.

In the event that the Company, in its sole discretion, determines that the Site is being used in an illegal or potentially illegal manner, the Company reserves the right, but not the obligation, to contact appropriate authorities and to provide those authorities with information regarding any such illegal or potentially illegal use.

The Company reserves the right, but not the obligation, to terminate without notice the account and access to the Site of any user who, in the sole discretion of the Company, has engaged in illegal activity or violated these terms of use.

Changes to Terms of Use

The Company reserves the right to modify or change these Terms of Use at any time. We will post significant changes to these Terms of Use on this page, which shall be your notice of the change. If you continue to use the Site after the change has been posted, you will be deemed to have agreed to the change. Therefore, the Company encourages you to check these Terms of Use frequently.

Privacy

Although Company has implemented certain security measures, the Company cannot guaranty that the Site will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user. For further information about privacy, please see our Privacy Policy.

No Warranty/Limitation of Liability

THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SITE  IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU RELEASE THE COMPANY, ITS AFFILIATES, AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES AND COSTS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE (OR INABILITY TO USE THE SITE) OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

Indemnity

YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE ON THE SITE. WHEN YOU ACCESS THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, AFFILIATES, EMPLOYEES AND THE OTHER USERS OF THIS SITE FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES OR EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SITE.

Sale Terms

UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS’) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, REWARD PASSES, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION AWARDS, GIFT CARDS, GIFT CERTIFICATES, PASSPORT MEMBER BENEFITS, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS”) IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY’S SERVICES AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Service Providers

Some products and services provided by the Company may be dependent upon third party service providers, such as a wireless carrier or social media platform. The Company does not control such third-party service providers and is not liable for their acts or omissions. In addition, these third-party service providers may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines.

Arbitration

Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction.

WAIVER OF JURY TRIAL.

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.

Governing Law/Interpretation

These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matter.  A waiver or modification of these Terms of Use shall only be effective if in a writing signed by an authorized officer or representative of Company.  These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts in the United States without regard to choice of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and to waive any objection as to venue or forum.

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Questions

Please contact us with any questions or concerns that you may have at nicole@noliamabel.com.

Last modified August 14, 2019.

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