Terms & Conditions

 

This site is the property of, and is published and maintained by, Nicole Mera, LLC, a Texas limited liability company (“Nicole Mera”). Your use of this site is governed by these terms and conditions (these “Terms”), as may be modified from time to time without notice. We encourage you to carefully review these Terms, as your use of the site as well as the purchase of a Nicole Mera product (or engaging in the NM Experience, as defined below) constitutes your agreement to be bound thereby. If you have any questions about these Terms, please Contact Us.

TERMS OF USE
These Terms are an agreement between you and Nicole Mera regarding your access to and use of the Web site www.nicolemera.com, including all content, information, products and services available on or through such Web site (herein collectively, the “site”). These Terms are in addition to any other agreement you may have with Nicole Mera, including any separate written agreement for your purchase of Nicole Mera products or services.

Each time you access or use this site, you acknowledge and signify that you have read, understood and agree to be bound by the most current version of these Terms, as indicated by the date below. If you do not agree with these Terms, you may not access or use any aspect of this site. You may not change, supplement or amend these Terms of Use in any manner. The headings and captions of various paragraphs of these Terms (as well as the Additional Terms, as defined below) are for convenience of reference only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof.

PERMISSABLE USE
You may not use this site if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is 18 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use this site on your behalf.

This site is made available to you for your lawful, personal use only. Using the site for any other purpose or in any other manner is strictly prohibited. You may not use this site if you breach these Terms, if your permission to use this site has been suspended or terminated by Nicole Mera, or if these Terms as they apply to you have been terminated.

ADDITIONAL TERMS AND CONDITIONS
This site contains additional terms, conditions and policies (collectively, the “Additional Terms”) which apply to purchases of products and services from Nicole Mera, through this site or otherwise, and which are considered a part of these Terms. These Additional Terms include, without limitation, the following:

Please note that Nicole Mera may modify the Additional Terms from time to time without prior notice by posting the revised Additional Terms to this site. It is your responsibility to check the date of the applicable Additional Terms and to review any changes.

JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
Nicole Mera is a Texas limited liability company, and you acknowledge and agree that use of this site and the purchase of goods or services from Nicole Mera, as well as any resulting obligations (collectively herein, the “NM Experience”), shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made and performed in such state (without regard to principles of conflict of laws) and any applicable law of the United States of America. To the fullest extent permitted by law, you hereby unconditionally and irrevocably waive any claim to assert that the law of any other jurisdiction governs the NM Experience.

Any legal suit, action or proceeding against or involving Nicole Mera arising out of or relating to the NM Experience shall at the option of Nicole Mera be instituted in any federal or state court in the City of San Antonio, Bexar County, Texas, and you hereby waive any objections which you may now or hereafter have based on venue and/or forum non conveniens of any such suit, action or proceeding, and you further hereby irrevocably submit to the exclusive jurisdiction of any such court in any suit, action or proceeding.

By agreeing to these Terms, you and Nicole Mera each knowingly, voluntarily and intentionally waive, to the extent permitted by law, trial by jury in any action brought by either such party in connection with the NM Experience.

If a court of competent jurisdiction finds any provision of these Terms, including the Additional Terms, to be invalid or unenforceable as to any person or circumstance in any state, such finding will not render that provision invalid or unenforceable as to any other person or circumstance or in any other state. Where permitted by applicable law, any provision found invalid or unenforceable will be deemed modified to the extent necessary to be within the limits of enforceability or validity; however, if such provision cannot be deemed so modified, it will be deemed stricken and all other provisions of these Terms in all other respects will remain valid and enforceable.

In the event either you or Nicole Mera brings a claim with respect to these Terms (including the Additional Terms) or the NM Experience, we each agree that the prevailing party shall be reimbursed by the other party for all costs incurred in connection with such claim, including reasonable attorney fees, court costs, costs of investigation, costs of collection and any other related expenses incurred by the prevailingparty.

FORCE MAJEURE
We recognize and value the trust you place in Nicole Mera when allowing our company to play a role in making treasured memories, and we acknowledge that the timing of orders is important to you. With that being said, there are some events (events of “force majeure”) that we simply cannot control. All obligations imposed by these Terms, except for any outstanding obligations to make payments when due, shall be suspended while complianceispreventedinwholeorinpartbyanactofGod,weather, strike,fire,war,civildisturbance,issues with machinery or personnel, by federal,state,orlocallaw,byanyruleregulation,ororderofagovernmentalagency,or by any other cause or causes whether similar or dissimilar, beyond the controlofNicole Mera.

DISCLAIMER OF LIABILITY
Except as otherwise expressly set forth herein, Nicole Mera makes no representations or warranties of any kind, whether express or implied, with respect to this site or the NM Experience, and hereby disclaims any such representation or warranty to the extent permitted by applicable law. Except as otherwise provided under applicable law, Nicole Mera, its employees, officers, agents, contractors, and their respective successors and assigns, shall not be liable for any damages whatsoever arising out of or related to the use of this site or the NM Experience. The foregoing limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or any other person may suffer.

TRADEMARKS; CUSTOM DESIGNS
The NM Experience is unique to Nicole Mera, and has been custom designed for you, our Nicole Mera customers, to ensure the best possible experience. This site and the items offered on this site, including the images and design of such items, are the sole property of Nicole Mera, unless indicated otherwise. We reserve the right to all custom designs, trademarks, product or service names, slogans or other intellectual property of Nicole Mera; provided, that the names and logos of other persons mentioned on this site (such as Lashbrook Designs) remain the property of their respective owners.

 

Last Updated November 1, 2019.

 

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