Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

These are the Terms and Conditions (“Terms”) governing the website accessible at www.nikkitheissen.com (the “Service” or the “Website”), which is owned by Nikki Theissen (“we”, “us”, “our”).

By accessing or using the Services, you (“you”, “your”) agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference.

BY USING OUR SERVICES OR VISITING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE OUR SERVICES OR VISIT OUR WEBSITE.

Eligibility for Use

You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.

You represent and warrant that all information you provide us in connection with use of our Services is accurate and true.

Communications from Us

Once you provide your email address to us, you may, from time to time, receive email communications from us about our Services, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 business days for your marketing communication preferences to fully take effect within our systems.

California Consumer Disclosures

Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916-445-1254. The Services are provided by Nikki Theissen.

Use of the Services

Subject to these Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, sublicense, or resell any part of the Services, in any medium.

Access Restrictions

You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to these Terms), without our express prior written consent.

In addition, you may not do any of the following while accessing or using the Services:

use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate the Services;
access, tamper with, or use non-public areas of the Services, or the technical delivery systems of the Services;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information;
interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending viruses, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services; or
use the Services in any illegal manner, or to engage in or promote illegal activities.

Usage Restrictions

You agree to adhere to the following:

You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
You will use the Services only for the intended purpose.

Our Intellectual Property

All right, title, interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Nikki Theissen. The Services are protected by copyright and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Nikki Theissen name or any of the Nikki Theissen logos, domain names, and other distinctive brand features, in whole or in part, except as expressly authorized by Nikki Theissen. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on the Website or creating any unauthorized derivative work.

Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

Disclaimer of Warranty

YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM NIKKI THEISSEN, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF NIKKI THEISSEN HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, NIKKI THEISSEN ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS PROVIDES THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NIKKI THEISSEN AND ITS PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Without limiting the foregoing, neither Nikki Theissen nor any its providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Nikki Theissen are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIKKI THEISSEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF NIKKI THEISSEN AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE SERVICE.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT NIKKI THEISSEN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such cases, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold Nikki Theissen, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms, the incorporated Policies, or your use of the Services.

We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify us. You shall not settle any dispute subject to your indemnification under these Terms without written consent from us.

General Terms

Controlling Law and Jurisdiction

These Terms will be governed by, and construed, interpreted and enforced according to, the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. You and Nikki Theissen irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the United States District Court for New York or in state court in Monroe County, New York.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Links to Third Parties

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by Nikki Theissen of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Waiver, Severability, And Assignment

Nikki Theissen’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Nikki Theissen may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Changes to The Services

We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. We shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.

Term and Termination

These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Our Intellectual Property, Disclaimer of Warranty, Limitation of Liability, and General Terms.

Nothing in this section shall affect our right to change, limit, or stop the provision of the Services without prior notice, as provided above.

Headings

The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.

Translation Interpretation

These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Modification of Terms

From time to time, and in our sole discretion, we may revise these Terms by posting the revised Terms on our Website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Notification

By entering into and accepting these Terms, you agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to these Terms and your use of the Services (collectively, “Communications”) as permitted by the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act. Communications include agreements and policies you agree to (for example, and not by way of limitation, these Terms, including the Privacy Policy), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Services. You have the right to withdraw your consent at any time. To withdraw consent, you may send a written request by email to nikki.m.theissen@gmail.com. If consent is withdrawn, we reserve the right to discontinue your access to the Services and terminate any and all agreements with you.

Entire Agreement

These Terms, as well as the incorporated Privacy Policy are the entire and exclusive agreement between you and Nikki Theissen. These Terms create no third-party beneficiary rights.

Force Majeure

Neither you nor we shall be liable to the other for any act, failure to perform, delay in performance, event or circumstance under this Agreement if, and to the extent that such act, failure to perform, delay in performance, event or circumstance is caused by conditions beyond the delayed Party’s reasonable control and which, by the exercise of reasonable diligence, the delayed Party is unable to prevent or provide against. Such conditions include, but are not limited to, acts of God; strikes, boycotts, or other concerted acts of workmen; laws, regulations, or other orders of public authorities; military action, state of war, epidemic, pandemic, or other national emergency; fire, or flood, or any other cause beyond the reasonable control of the party invoking this section (collectively, a “Force Majeure”). The Party affected by any such force majeure event or occurrence shall give the other Party written notice of said event or occurrence within a commercially reasonable time following such event or occurrence.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Nikki Theissen.

Class Action Waiver

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT NIKKI THEISSEN IS OFFERING THESE SERVICES UNDER THE TERMS PRESENTED HEREIN. AS PARTIAL CONSIDERATION FOR YOUR USE OF THESE SERVICES, YOU AGREE THAT YOU MAY BRING A CLAIM AGAINST NIKKI THEISSENREGARDING YOUR USE OF THE SERVICES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR AN ADVERSE PARTY IN ANY WAY IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR OTHER PROCEEDING WHERE AN INDIVIDUAL ACTS IN A REPRESENTATIVE CAPACITY. ADDITIONALLY, YOU ACKNOWLEDGE THAT PART OF THE PRICE YOU ARE PAYING TO USE THESE SERVICES IS YOUR ACCEPTANCE OF THESE TERMS OF SERVICE INCLUDING THIS CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU SHOULD NOT CONTINUE YOUR USE OF THE SERVICES. NOTHING IN THIS PARAGRAPH, HOWEVER, LIMITS YOUR RIGHTS TO BRING A LAWSUIT AS AN INDIVIDUAL PLAINTIFF, INCLUDING IN SMALL CLAIMS COURT.

If you have any questions about these Terms and Conditions, you can contact us by email at nikki.m.theissen@gmail.com.