Terms+Conditions

Nichezips, LLC (“Nichezips”) operates (www. Nichezips.com) (“Site”) to provide online access to information about Nichezips and our products and services. Your use of the Site constitutes your agreement to follow and be bound by these Terms of Use (“Terms”). Nichezips reserves the right to modify these Terms at any time.

Permitted Use of The Site

You may use the Site, and the information, writings, images or other works that you see, hear or otherwise experience on the Site (“Content”) solely for your non-commercial, personal purposes to learn or inquire about Nichezips products and services.

Prohibited Use of The Site

By accessing the Site, you agree that you will not:

Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Nichezips servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs the Nichezips website;
Mirror or frame the Site or any part of it on any other web site or web page.
Attempt to gain unauthorized access to the Site;
Access the Site by any means other than through the interface that is provided by Nichezips for use in accessing the Site;
Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Copyrights and Trademarks

The Site is protected by intellectual property and other laws, including trademark and copyright laws. The Site belongs to and is the property of Nichezips and owns and retains all copyrights in the Content. The Content provided on the Site may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Nichezips logos, and other marks used by Nichezips from time to time are trademarks and the property of Nichezips.

Information You Provide

You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information you provided is accurate and true. Your use of the Site is subject to Nichezips’s Privacy Policy, available at Nichezips.com/privacy-policy

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. Nichezips is not responsible or liable for any such web sites or the content. If you use the links to the web sites of Nichezips affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

Downloading Files

Nichezips does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Indemnification

You agree to indemnify and hold Nichezips harmless from and against any breach by you of these Terms and any claim or demand brought against Nichezips by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Nichezips in consequence of your breach of these Terms.

Limitations of Liability

NICHEZIPS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NICHEZIPS AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NICHEZIPS IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NICHEZIPS AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF NICHEZIPS OR ANY OF NICHEZIPS’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, NICHEZIPS IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF NICHEZIPS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

General Provisions

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Nichezips of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Nichezips therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Nichezips does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Nichezips’s Privacy Policy, your use of the Site, any other Nichezips web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in San Antonio, TX in the event of any dispute of any kind arising from or relating to these Terms of Use, Nichezips’s Privacy Policy, your use of the Site, any other Nichezips web site or the Content.