Terms Of Service

Terms of Use Last Updated: April 1, 2022 Welcome to Nick & Norma’s! Nick and Norma’s LLC provide this website subject to your compliance with these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use constitute an agreement between Nick and Norma’s LLC and you. We recommend that you print out a copy of these Terms of Use for your records. By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site. Please note that these Terms of Use contain provisions that govern the resolution of claims between Nick and Norma’s LLC and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Legal Disputes section for complete details and review carefully. Privacy & Security Please review our Privacy Policy, which is incorporated into these Terms of Use and governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. Information security is important to Nick and Norma’s LLC. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Nick and Norma’s LLC do, however, always reserve the right to disclose any information as Nick and Norma’s deems necessary to satisfy any applicable law, regulation, legal process, or governmental request. Please click here for more information. Changes Nick and Norma’s LLC reserve the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively to claims for which you or Nick and Norma’s LLC have given notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use. We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use. Intellectual Property Rights The Sites contain valuable trademarks and service marks owned and used by Nick and Norma’s LLC, including but not limited to, design logo. Any use of the Nick and Norma’s LLC Marks without the prior written permission of Nick and Norma’s LLC is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Nick and Norma’s Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Nick and Norma’s LLC. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED. Nick and Norma’s LLC use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners. For claims of copyright infringement, please see our Copyright Policy. User-Generated Content From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to Nick and Norma’s LLC that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Nick and Norma’s LLC to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Nick and Norma’s LLC Acceptable Use Policy set forth below. As between you and Nick and Norma’s LLC, you will retain all your ownership rights in and to your User Content. By submitting User Content to Nick and Norma’s LLC, you hereby grant to Nick and Norma’s LLC a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Nick and Norma’s LLC (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use. Nick and Norma’s LLC do not endorse any User Content, or any opinion, recommendation, or advice expressed therein. Nick and Norma’s LLC reserve the right but is not obligated to monitor User Content or other content sent to or through the Sites. Nick and Norma’s LLC have the right to refuse, remove, edit, or delete any User Content and/or to terminate any user's access to the Sites for any reason. Nick and Norma’s LLC take no responsibility for User Content. Social Media Tag Usage BY USING #Nick&Normas, @Nick&Norma’s AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Nick and Norma’s LLC WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS. Acceptable Use Policy By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Nick and Norma’s LLC all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Nick and Norma’s LLC; (iv) impersonate any person or entity, including but not limited to, a representative of Nick and Norma’s LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Nick and Norma’s LLC reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. Order Acceptance The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Nick and Norma’s LLC reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Nick and Norma’s LLC reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Nick and Norma’s LLC reserve the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Nick and Norma’s LLC sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. About Our Prices Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g., "$549"), such higher price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion. The "Sale" tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days. When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price to clear an overstock of inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period. We do not price match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order. Links to Other Websites The Sites may contain links to third-party websites ("Other Sites") that are not under Nick and Norma’s LLC control. Nick and Norma’s LLC make no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Nick and Norma’s LLC provide these links to you as a convenience and the inclusion of any link does not imply endorsement by Nick and Norma’s LLC of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites. Mobile Devices, SMS, and Mobile Applications If you use a mobile device to access pages of the Sites optimized for mobile viewing, opt in to receive SMS (text messages), or use a mobile application, the following additional terms, and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from Nick and Norma’s LLC. You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from Nick and Norma’s LLC. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact us by emailing support@nickandnormas.com (please reference "Questions about SMS"). By agreeing to receive SMS messages from Nick and Norma’s LLC, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be always available in all areas and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. Notice to California Residents California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products. Pursuant to California Civil Code Section 1789.3, Nick and Norma’s LLC provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210. Communications with Nick and Norma’s LLC For all communications made to or with Nick and Norma’s LLC, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Nick and Norma’s LLC will have no obligation to protect your communications from disclosure; (ii) Nick and Norma’s LLC will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Nick and Norma’s LLC will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. Indemnity You agree to indemnify and hold Nick and Norma’s LLC and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user. Disclaimer of Warranties Nick and Norma’s LLC intend for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Nick and Norma’s LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you. Limitation on Liability IN NO EVENT WILL Nick and Norma’s LLC OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Nick and Norma’s LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise, and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdiction’s liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Nick and Norma’s LLC are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO Nick and Norma’s LLC, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED. Legal Disputes PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration. Agreement to Binding Arbitration; Class Action Waiver Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Nick and Norma’s LLC, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Nick and Norma’s LLC') arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by Nick and Norma’s LLC and its affiliated brands; or (3) any products or services sold or distributed by Nick and Norma’s LLC and its affiliated brands or through any website owned or operated by Nick and Norma’s LLC and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly. Mandatory Informal Dispute Resolution Nick and Norma’s LLC value its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Nick and Norma’s LLC by email at Support@nickandnormas.com. If Nick and Norma’s LLC have a dispute with you, Nick and Norma’s LLC agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Nick and Norma’s LLC to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. Nick and Norma’s LLC Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Nick and Norma’s LLC agree to negotiate in good faith about the dispute to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Nick and Norma’s LLC request a telephone conference with you to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time, you or Nick and Norma’s LLC may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Nick and Norma’s LLC. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process. Initiating Arbitration and Arbitration Rules Any arbitration between you and Nick and Norma’s LLC shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator. To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to NAM (or to AAA if it is the administrator as set forth above). You must personally sign your demand for arbitration. You agree to also send Nick and Norma’s LLC a copy of your demand for arbitration at Support@nickandnormas.com. If Nick and Norma’s LLC initiate arbitration, we will send a copy of our demand for arbitration to your email address on file with us. You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. Nick and Norma’s LLC reserve the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, Nick and Norma’s LLC retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above. Arbitration Fees Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, Nick and Norma’s LLC will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules. Arbitrator Authority The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Nick and Norma’s LLC and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or the AAA Rules if AAA is the designated administrator as set forth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award. Sole Exceptions to Arbitration Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Nick and Norma’s LLC may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Nick and Norma’s LLC may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Jury Trial and Class Action Waiver Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and Nick and Norma’s LLC acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Nick and Norma’s LLC may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims. Special Additional Procedures for Mass Arbitration If 25 or more individuals seek to initiate arbitrations with Nick and Norma’s LLC raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and Nick and Norma’s LLC agree that these additional procedures shall apply, along with the applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as set forth above). You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for Nick and Norma’s LLC shall each select 15 cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed in arbitration, and the arbitration administrator shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations. Governing Law You and Nick and Norma’s LLC agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Wisconsin apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of Wisconsin. Other To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null, and void and the terms of this arbitration agreement shall control. Termination Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Nick and Norma’s LLC, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Nick and Norma’s LLC believe that you have violated or acted inconsistently with these Terms of Use or for any other reason. Nick and Norma’s LLC also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be affected without prior notice, and you acknowledge and agree that Nick and Norma’s LLC may bar any further access to the Sites. Further, you agree that Nick and Norma’s LLC will not be liable to you or any third-party for any termination of access to the Sites. For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy. The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use. Right to Access YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES. Outages Nick and Norma’s LLC periodically schedule system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Nick and Norma’s LLC has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise. Jurisdictional Issues The Sites are operated by Nick and Norma’s LLC from its offices in Green Bay, Wisconsin USA. The Sites are intended for users who reside in the United States of America. Nick and Norma’s LLC make no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Nick and Norma’s LLCreserve the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. General Information No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. If any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Nick and Norma’s LLC with respect to use of the Sites and supersede any prior agreements between you and Nick and Norma’s LLC relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Nick and Norma’s LLC prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Nick and Norma’s LLC performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Nick and Norma’s LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Nick and Norma’s LLC with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language. Violations Please report any violations of these Terms of Use to the system at Support@nickandnormas.com. Questions? If you have questions, comments or complaints about these Terms or the Sites, please contact us at Support@nickandnormas.com (please reference "Questions about the Sites"). Nick and Norma’s LLC Copyright Policy This Copyright Policy describes Nick and Norma’s LLC policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.NickandNormas.com(the "Site"). The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. Nick and Norma’s LLC comply with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements. Notification of Alleged Copyright Infringement If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Nick and Norma’s LLC a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain: 1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them. 2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material. 3. Your name, address, telephone number and email address (if available). 4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf. 5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and 6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You must submit any notification of an alleged copyright infringement to Nick and Norma’s LLC Copyright Agent by email as set forth below: Nick and Norma’s Copyright Agent Email: Support2 (please reference "Nick and Norma’s LLC DMCA Notice") If you fail to comply with all the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent those materials on the Site are infringing a copyright. Counter Notification If you believe in good faith that your own copyrighted material has been removed from the Site because of mistake or misidentification, you may submit a written counter notification letter to Nick and Norma’s LLC Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following: 1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled. 2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States. 3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent. 4. Your name, address and telephone number. 5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled because of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and 6. Your physical or electronic signature. You may submit your counter notification to Nick and Norma’s LLC Copyright Agent by email as set forth below: Nick and Norma’s LLC Copyright Agent Email: Support@nickandnormas.com (please reference "Nick and Norma’s LLC DMCA Notice") Upon receipt of a counter notice, Nick and Norma’s LLC Copyright Agent may send a copy of it to the original complaining party informing that party that Nick and Norma’s LLC may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Nick and Norma’s LLC the removed content may be replaced or access to it restored by Nick and Norma’s LLC. You acknowledge that if you fail to comply with all the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. Product Reviews Program Nick and Norma’s LLC Product Review Program is designed to reward existing members for writing product reviews on products purchased on www.NickandNormas.com. Members may be rewarded specified Rewards Dollars or may be offered other benefits for such reviews.