Nick Of Time Media, Inc. maintains this site (the "NickOfTime.us site") for your personal entertainment, information, education and shopping convenience.
You are encouraged to use and
enjoy the NickOfTime.us site, and with your use and purchase from the
NickOfTime.us site, you agree to these Terms of Service and Legal
Notices set forth below and the disclaimers and terms and conditions
stated on the NickOfTime.us site ("Terms of Service").
You may only download material displayed on the NickOfTime.us site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the NickOfTime.us site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of NickOfTime.us. It is strictly prohibited to download the images of the products for sale within this site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
NickOfTime.us site is provided on an "AS IS," "as available" basis.
Neither NickOfTime.us nor its affiliates, subsidiaries, or designees
nor each of their respective officers, directors, employees, agents,
third-party content providers, designers, contractors, distributors,
merchants, sponsors, licensors, distributors or the like (collectively,
"associates") warrant that use of the NickOfTime.us site will be
uninterrupted or error-free. Neither Nick Of Time Media, Inc. nor its associates
warrant the accuracy, integrity or completeness of the content provided
on the NickOfTime.us site or the products or services offered for sale
on the NickOfTime.us site. Furthermore, NickOfTime.us makes no
representation that content provided on the NickOfTime.us site is
applicable or appropriate for use in locations outside of the United
States. NickOfTime.us specifically disclaims warranties of any kind,
either expressed or implied, including but not limited to warranties of
title or implied warranties of merchantability or fitness for a
particular purpose. No oral advice or written information given by
NickOfTime.us, nor its associates, shall create a warranty. You
expressly agree that use of the NickOfTime.us site is at your sole
Under no circumstances shall NickOfTime.us or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the NickOfTime.us site, including but not limited to reliance by a user on any information obtained at the NickOfTime.us site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to NickOfTime.us records, programs or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of NickOfTime.us has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the NickOfTime.us site. 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.
Prices and availability are subject to
change without notice. Errors will be corrected where discovered, and
NickOfTime.us reserves the right to revoke any stated offer and to
correct any errors, inaccuracies or omissions including after an order
has been submitted and whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged
for the purchase and your order is cancelled, NickOfTime.us will issue
a credit to your credit card account in the amount of the charge.
Individual bank policies will dictate when this amount is credited to
While NickOfTime.us takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
NickOfTime.us may, at its own
discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
the same NickOfTime.us account, credit card, and also orders which use
the same billing and/or shipping address. Notification will be sent to
the e-mail and/or billing address provided should such change occur. We
reserve the right to limit the quantities sold, including the right to
limit or prohibit sales to dealers.
Content included on or comprising the
NickOfTime.us site, including information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds and
other material (collectively "Content") are protected by copyrights,
trademarks, patent or other proprietary rights, and these rights are
valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work
under the U.S. and international copyright laws, and NickOfTime.us
owns, to the fullest extent allowed by such laws, the copyright in the
selection, coordination, arrangement, and enhancement of such Content.
Except as expressly authorized or licensed, you may not copy, modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale, lease or rental of, create derivative works from or in
any way exploit any of the Content, in whole or in part.
The NickOfTime.us logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by NickOfTime.us and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
NickOfTime.us does not want to receive confidential, proprietary or trade secret information through the NickOfTime.us site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the NickOfTime.us site will be deemed non-confidential, and, by submitting any such information, you are granting NickOfTime.us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or are otherwise required by law to do so.
Certain software from the NickOfTime.us site may be
further subject to United States Export Controls. No such software from
this site may be downloaded or exported contrary to any such laws, which
may include prohibitions against download or export 1) into (or to a
national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or
any other country to which the United States has embargoed goods; or 2)
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using software, you agree to abide by the
laws, rules and regulations — including, but not limited to the Export
Administration Act and the Arms Export Control Act — applicable to such
download or use and not to transfer, by electronic transmission or
otherwise, any Content derived from NickOfTime.us to either a foreign
national or a foreign destination in violation of any such laws.
The NickOfTime.us site is created, operated
and controlled by Nick Of Time Media, Inc. in the State of Florida, United States of
America. As such, the laws of the State of Florida will govern these Terms of
Service without giving effect to any principles or conflicts of laws.
We reserve the right to make changes to the NickOfTime.us site and
these Terms of Service at any time by updating this posting. By using
the NickOfTime.us site, you agree to be bound by any such revisions
and should therefore periodically visit this page to determine the then
current Terms of Service to which you are bound.
References to NickOfTime.us herein refer to NickOfTime.us, NickOfTime.us or it or their affiliates, subsidiaries and designees as deemed appropriate by NickOfTime.us.
The NickOfTime.us site
contains links to other sites. The links are meant to enable access to
publicly available information to those who are allowed to the
NickOfTime.us site only. NickOfTime.us makes no representations
whatsoever about any other Website which you may access through the
NickOfTime.us site. When you leave the NickOfTime.us site, please
understand that NickOfTime.us has no control over the content on that
Website. In addition, a link to a non-NickOfTime.us Website does not
imply and does not constitute sponsorship, endorsement, approval or
responsibility for the content, or the use of such third-party Website.
NickOfTime.us makes no representation or warranty as to any
third-party products or services. No rights to use or copy the
information on this or the third-party site are granted or implied.
These Terms of Service represent the entire agreement between you and NickOfTime.us regarding your relationship with NickOfTime.us and supercede any prior statements or representations. By using the NickOfTime.us site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied with the NickOfTime.us site or any content on the NickOfTime.us site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the NickOfTime.us site.