Terms Of Use

Use and Acceptance

This Web site (the “Site”), and any tools and/or services offered and/or provided by nicholasmolina.com, and/or its subsidiaries (collectively, “nicholasmolina.com “) through this Site (collectively, the “Services”), are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using this Site or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site or any Services offered or provided through this Site.

Modification

nicholasmolina.com may change these Terms of Use from time to time without notice to you. You should review these Terms of Use each time you use this Site or a Service to make sure you agree to them. By using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

Authority

You agree that you will use this Site, the Services, and any products or services received as a result of your use of the Services in a manner consistent with these Terms of Use.

Authorized Use, Copyrights, and Trademark

This Site and the Services may contain copyrighted works and trademarks and other proprietary material owned by nicholasmolina.com or its content providers. nicholasmolina.com and its logo are trademarks of nicholasmolina.com in the United States and other countries. nicholasmolina.com’s trademarks may not be used in connection with any product or service that is not a product or service of nicholasmolina.com or in any manner that is likely to cause confusion among customers or that disparages or discredits nicholasmolina.com. If no restrictions are displayed, you may download, view and copy the information available from this Site for non-commercial personal or educational purposes only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site without the express written permission of nicholasmolina.com or its content providers, as applicable (“Permission”).

You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from this Site. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under these Terms of Use without Permission. Nothing contained on this Site and/or the Services should be construed as granting, by implication or otherwise, any license or right in and to nicholasmolina.com trademarks or copyrighted material of nicholasmolina.com or any third party without the express written permission of the applicable party. You agree not to use the Site or Services for any unlawful purpose. You agree to comply with reasonable written requests by nicholasmolina.com to protect the information providers’ and nicholasmolina.com’s respective rights in the information contained in this Site or as a part of the Services.

nicholasmolina.com reserves the right to prohibit access to anyone whom nicholasmolina.com determines are violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site, or whose conduct nicholasmolina.com reasonably determines may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Unauthorized entry (commonly referred to as hacking) into any portion of the Site may constitute a crime under state and/or federal law. nicholasmolina.com may prosecute these violations to the fullest extent permitted by law.

Limitation of Liability

BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST NICHOLASMOLINA.COM AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL NICHOLASMOLINA.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF NICHOLASMOLINA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. NICHOLASMOLINA.COM SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THIS SITE.

NICHOLASMOLINA.COM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE, ANY SERVICES, OR THE PRIVACY POLICY IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

NICHOLASMOLINA.COM CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD NICHOLASMOLINA.COM AND ALL OTHER CONTENT PROVIDERS WHICH PROVIDE CONTENT FOR THIS SITE OR THE SERVICES (EITHER THROUGH LINKS OR OTHERWISE), HARMLESS FROM ANY LOSS, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY CLAIM OR MADE BY ANY THIRD PARTY RELATING TO CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE YOUR USE OF THE SITE OR THE SERVICES, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR ANY HARM YOU CAUSE ANOTHER USER.

Disclaimers

SOME OF THE CONTENT ON THIS SITE OR THE SERVICES MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. NICHOLASMOLINA.COM IS A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAS NO CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OF SUCH CONTENT AND NOT OF NICHOLASMOLINA.COM.

ALTHOUGH NICHOLASMOLINA.COM USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, NICHOLASMOLINA.COM AND THE CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE AND ANY SERVICE. THE INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NICHOLASMOLINA.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NICHOLASMOLINA.COM AND THE CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS NICHOLASMOLINA.COM FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.

THE INFORMATION PROVIDED IN ANY SERVICE OR IN THIS SITE IS NOT FINANCIAL OR LEGAL ADVICE. NICHOLASMOLINA.COM MAKES NO REPRESENTATION REGARDING THE ACCURACY OR IMPORTANCE OF ANY SERVICES. INFORMATION RECEIVED VIA THIS SITE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Severability

If a court determines that any Term of Use is illegal or unenforceable, then such term will be eliminated and the remaining Terms of Use will remain in force and effect.

Entire Agreement, Jurisdiction and Choice of Law and Forum

These Terms of Use constitute your entire agreement with nicholasmolina.com regarding this Site and any Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and nicholasmolina.com with respect to the Site or the Services. This Site and/or the Services may not comply with legal requirements of foreign countries, therefore the Site, its contents, and the Services are intended only for access and use by United States residents and are presented solely as a service to visitors and/or subscribers located in the United States of America and its territories.

E-Mail Communications

nicholasmolina.com may contact you by email to:

Submissions

You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain the property of nicholasmolina.com and may be used by nicholasmolina.com anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to nicholasmolina.com will be treated as non-confidential and non-proprietary, and nicholasmolina.com will not have any obligation to use or evaluate any information we receive from you. nicholasmolina.com will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

This Site provides links to other websites that we think might be of interest to our users (“Linked Sites”). Please note that when you click on one of these links, you may be moving to another provider’s website. These Linked Sites and their providers are not controlled by nicholasmolina.com and nicholasmolina.com is not responsible for the contents or the proper operation of any Linked Site. The inclusion of any link does not imply endorsement by nicholasmolina.com. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.

Protecting Your Information

nicholasmolina.com utilizes reasonable security technologies to protect confidential information. However, the security of this information depends in part on the security of the computer you use to communicate with nicholasmolina.com, the security you use to protect User IDs and passwords, and the security provided by your Internet access services provider. nicholasmolina.com is not responsible for the security of your Internet access services provider; you should review the security and privacy policies of your Internet access services provider carefully. Information that you pull up via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. nicholasmolina.com is not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.

Inspection, Correction, and Removal of Information

nicholasmolina.com will use reasonable efforts to allow you to review, correct or update the information that you have provided to nicholasmolina.com at any time. Please note that because of back-up systems and records of deletions, it may not be possible for us to locate and remove from our systems residual information that you have provided to us.

nicholasmolina.com cannot require third parties to change information that has been disclosed to them with your consent. To modify this information, you will have to go directly to the relevant third party.