Terms Of Service

Last updated: July 11, 2024

Please read these Terms of Service carefully before using Our Website or purchasing Our Products.

 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • Account means a unique account created for You to access parts or features of Our Website and related services.
  • Country refers to: Kansas, United States
  • Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Modern Family Business LLC.
  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, reviews, testimonials, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website and/or Products.
  • Order(s) mean a request by You to purchase Products from Us.
  • Products refer to the goods and services offered for sale on Our Website 
  • Promotions refer to contests, sweepstakes or other promotions offered through the Website.
  • Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of Our Website and/or purchasing Our Products.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
  • Website refers to the NickiStash™ website, accessible from https://nickistash.com/, along with all features and functionalities thereof.
  • You (referred to as either "You” or "Your" in these Terms) means the individual accessing or using the Website for purchasing Our Products, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or purchasing Our Products, as applicable.


Acknowledgment

These Terms of Service govern Your use of Our Website and purchase of Our Products  and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of Our Website and customers purchasing Our Products. 

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, customers, and others who access or use Our Website.

By clicking the “Accept” button when presented on Our Website or included when setting up an Account, or accessing or using the Website, You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access or use the Website.

You represent that you are over the age of 21. The Company does not knowingly permit those under 21 to use the Website.

Your access to and use of the Service is also subject to  the Privacy Policy, Shipping and Return Policy, and other policies of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website or purchase Our Products and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.


Acceptable Use of Our Website

In connection with viewing, registering for, using, and/or accessing Our Website, You agree to comply with these Terms of Service along with Our policies, rules, guidelines, and other terms, and all applicable laws, rules, and regulations.  You agree that You will not:

  • Breach or circumvent any laws, regulations, third-party rights or Our systems, policies, or determinations of Your account status.
  • Manipulate or interfere with Our logos, images, posts, or content.
  • Transfer Your NickiStash™ account and credentials to a third party.
  • Create content, post, or upload content in inappropriate categories or areas on Our Website.
  • Engage in gambling on Our Website
  • Post false, inaccurate, misleading, deceptive, defamatory, libelous, obscene, indecent, offensive, threatening, abusive, hateful, or illegal content.
  • Harass or abuse Us or Our customers.
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
  • Distribute viruses or any other technologies that may harm the Company or Our Website, or the interests or property of Our users.
  • Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access Our Website for any purpose, except with the prior express permission of the Company.
  • Circumvent any technical measures used to provide Our Website.
  • Interfere with the functioning of Our Website, such as by imposing an unreasonable or disproportionately large load on Our infrastructure.
  • Take advantage of the Company or purposefully deplete Our inventory with large Product orders.
  • Export or re-export the Website or any NickiStash™ content, program, code, or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions.
  • Infringe or misappropriate the copyright, trademark, service mark, patent, publicity, moral, database, and/or other intellectual property rights or interests that belong to or are licensed to the Company.  Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to the Company or someone else without permission.
  • Sell, rent, or sub-license material or content generated from Our Website.
  • Commercialize Our Products and/or Website or any feature, information, data, or software associated with such Website, except with the prior express permission of Us.
  • Harvest or otherwise collect or use information about Our users without their consent.
  • Use Our Website to transmit or send inappropriate or unsolicited communications.
  • Use Our Website for any purposes related to marketing or solicitations, whether for-profit or not, without the express written consent of the Company. 

If We believe you are violating these Terms of Service or any of Our policies, rules, or guidelines, or abusing Our Website and/or Our Products in any way, We may, in Our sole discretion, with or without notice, and without limiting other remedies, (a) limit, suspend, or terminate Your Account(s) and access to Our Website; (b) delay or remove Your user content or Feedback; (c) remove any special status associated with Your Account(s); and/or (d) take technical and/or legal steps to prevent You from accessing or using our Website and recover any expenses or damages for monitoring and enforcement.  If You are aware of a possible violation of these Terms of Service or any of Our policies, rules, or guidelines posted on Our Website, please email support@NickiStash.com with a detailed description of the possible violation for Us to investigate.


Placing Orders for Products

By placing an Order for Products through the Website, You warrant that You are legally capable of entering into binding contracts and at least 21 years old.

Your Information

If You wish to place an Order for Products available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.  Please refer to Our Privacy Policy for more information about why We collect Your personal information and how We use Your personal information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Limited availability of Our Products
  • Errors in the description of Our Products
  • Errors in Your Order
  • Improper commercialization, exploitation, and/or abuse of the Company or Our Products

We reserve the right to review any Order of 20 or more Products to confirm sufficient inventory and verify that You are not engaging in any unacceptable uses identified above.  We reserve the right to refuse or cancel Your Order if We suspect that You are engaging in an unacceptable use or misusing Our Website in any manner.  

We also reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Order Returns & Refunds

Any Products You purchase can only be returned in accordance with these Terms of Service and Our Shipping and Return Policy.

Our Shipping and Return Policy forms a part of these Terms of Service and is hereby incorporated as a part of Our agreement with You. Please read Our Shipping and Return Policy to learn more about Your cancellation and refund options.

Availability, Errors and Inaccuracies

We are constantly updating Our Products on the Website. The Products available on Our Website may be described inaccurately or unavailable, and We may experience delays in updating information regarding Our Products on the Website and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order; however, subject to these Terms of Service and compliance with Our rules on acceptable use listed above, the Company will honor the listed price once Your payment for an Order is processed or received.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order as outlined in Our Shipping and Return Policy.

Payments

All Products purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Communications

As described in Our Privacy Policy, We may collect and use Your email address, mailing address, and/or phone numbers from You to communicate with You about Your Account, Orders, and to respond to Your inquiries.  We may send You text messages to any of those phone numbers to verify Your identity or communicate with You. To confirm Your identity, please follow the prompts included in the messaging. Standard telephone minute and text charges may apply and may include overage fees if You have exceeded Your plan limits.

We may share Your phone number or email address with Our authorized service providers as stated in Our Privacy Policy. 

 

Promotions

Any Promotions made available through the Website or Our social media accounts may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. 


User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.

You are responsible for safeguarding the password that You use to access Your Account and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.


Intellectual Property

Our trade secrets and the Website and its original content (excluding any content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.  In the event you post or provide any content to Us or on Our Website or social media channels, you hereby grant Us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully-paid up, transferable, sublicensable, and assignable right and license to use, reproduce, license, sublicense, distribute, modify, exploit, commercialize, and assign such content in connection with Our Website, Products, and/or business purposes.  You represent that any content You post or provide does not infringe upon any rights, title, or interests, or misappropriate any intellectual property, belonging to a third party.

The NickiStash™ brand, Our Website, and Our Products are protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.


Your Feedback to Us

You hereby assign all rights, title and interest in and to any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully-paid up, transferable, sublicensable, and assignable  right and license to use, reproduce, disclose, sub-license, distribute, modify, commercialize, exploit, and assign such Feedback without restriction.


Links to Other Websites and Third-Party Content

Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. Our Website may also display third-party content or advertisements from other brands.

The Company has no control over, and assumes no responsibility for, the marketing, content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such ads, content, goods or services available on or through any such third-party websites or services.

Except as expressly stated or disclosed by Us and/or brand partner or other third-party who We have a contractual agreement or business relationship with, We do not endorse any third-party website or service featured on Our Website or social media accounts.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.


Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Website and its features will be limited or cease altogether. If You wish to terminate Your Account, You may simply delete Your Account and discontinue using the Website. We may cancel unconfirmed Accounts that have been inactive for a substantial period of time.  

The parties’ obligations and covenants under these Terms of Service which by their nature involve a party’s performance, or continued performance, of such obligations and covenants after termination of these Terms of Service or the parties’ business relationship shall survive such termination, including, without limitation, the terms set forth in Intellectual Property, Your Feedback to Us, Limitation of Liability, “AS IS” and “AS AVAILABLE” Disclaimer, Governing Law, and Dispute Resolution.    


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its members, managers, officers, employees, agents, advisors, representatives, vendors, suppliers, and/or service providers (each a “NickiStash™ Party” and collectively, “NickiStash™ Parties”) under any provision of these Terms of Service and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through Our Website or 100 USD if You have not purchased any Products through the Website.

Except as otherwise prohibited by governing law, any cause or action You may have arising out of or relating to these Terms of Service or Our Products must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

To the maximum extent permitted by applicable law, in no event shall the Company or any NickiStash™ Party be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms of Service), even if the Company or any NickiStash™ Party  has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states 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 these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Website  is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of all NickiStash™ Parties, and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Indemnity

You hereby agree to indemnify, defend, and hold the Company and any NickiStash™ Party harmless from and against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) made by any third party due to or arising out of Your (a) breach of these Terms of Service or other policies; (b) improper use of Our Website; (c) failure to provide adequate disclosures related to Your posts, Feedback, or other content; and/or (d) Your breach of any law or the rights, title, or interests of a third party, including, without limitation, fraud, misrepresentation, infringement, and/or misappropriation.


Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms of Service and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws where required.


Disputes Resolution

If You have any concern or dispute about the Website or Our Products, You agree to first try to resolve the dispute informally by contacting the Company.


United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.


Severability and Waiver

Severability

If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Translation Interpretation

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


Changes to These Terms of Service

We reserve the right, at Our sole discretion, to update, modify, or replace these Terms of Service at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. We may also ask You to acknowledge Your acceptance of these Terms of Service, including any amendments or modifications of these Terms of Service, through an electronic click-through feature.  If You do not agree to the new Terms of Service, in whole or in part, please stop using Our Website.  These Terms of Service may not otherwise be amended except through mutual agreement by You and a Company representative who intends to amend these Terms and is duly authorized to agree to such an amendment.


Contact Us

If you have any questions about these Terms of Service, You can contact Us at support@NickiStash.com or make a request on Our Website. You may also write to Us at:

Modern Family Business LLC

P.O. Box 1744

Hutchinson, Kansas 67502