NMD Distributors and Nicole Michelle Maternity Terms & Conditions By viewing the NMD Distributors and Nicole Michelle Maternity website or placing an order with NMD Distributors and Nicole Michelle Maternity you agree to be bound by the following Terms & Conditions. If you do not agree with these Terms & Conditions, you are requested to reafrain from browsing the website or placing an order with NMD Distributors and Nicole Michelle Maternity. 1. NMD Distributors and Nicole Michelle Maternity may act as brokers on behalf of their clients. In that role, the company does not have the ability to physically inspect goods offered for sale by their suppliers. The company will be held harmless in the event that the goods received are not as represented. In addition, the company will be held harmless should any supplier not fulfill and ship orders provided NMD Distributors and Nicole Michelle Maternity has acted in good faith on the clients behalf in ordering and funding the order with the particular supplier. 2. All goods are shipped to clients ‘Shipping Address’ as indicated on the Order Form. NMD Distributors and Nicole Michelle Maternity will not be responsible for goods that may be shipped to incorrect addresses. 3. NMD Distributors and Nicole Michelle Maternity shall be held harmless for goods that are held, examined, searched or confiscated by the local, state or federal customs service in the respective country of import or export. 4. In some instances, local or federal customs in the country of import may exercise an additional tax, customs charge or duty on the incoming shipment. While NMD Distributors and Nicole Michelle Maternity has attempted to include all import taxes, customs charges and duties into the final item cost, there may be additional charges levied against the shipment. Any additional import charges, taxes or duties are solely the responsibility of the Buyer and not the responsibility of NMD Distributors and Nicole Michelle Maternity. 5. NMD Distributors and Nicole Michelle Maternity shall be held harmless for delays in shipments caused by the actual suppliers of the ordered goods, provided NMD Distributors and Nicole Michelle Maternity has expedited the order on a standard basis. 6. Products, programs and services described or mentioned on this web site are subject to availability. We do not and cannot assure you that everything on our web site is accurate. You use our web site at your own risk, and NMD Distributors and Nicole Michelle Maternity assumes no liability for any errors, omissions, injury, harm or damage in connection with this web site or any of the Content. Without limiting the generality of the foregoing: THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IT LIES IN TORT, CONTRACT, OR OTHERWISE, SHALL NMD Distributors and Nicole Michelle Maternity, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUPPLIERS, OR INDEPENDENT CONTRACTORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANYONE ELSE INVOLVED IN DEVELOPING OR DISTRIBUTING NMD Distributors and Nicole Michelle Maternity’S WEB SITE, BE LIABLE FOR ANY ECONOMIC OR OTHER HARM OR INJURY RESULTING IN ANY WAY FROM THE USE OR INABILITY TO USE, NMD Distributors and Nicole Michelle Maternity’S WEB SITE ANY WEB SITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED ON ANY SUCH SITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, COMMIUNICATION FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE ADVISED NMD Distributors and Nicole Michelle Maternity OF THE POSSIBILITY OF SUCH DAMAGES. 7. Indemnification User agrees to indemnify and hold harmless NMD Distributors and Nicole Michelle Maternity and its subsidiaries, affiliates, parent companies and licensors, and their respective officers, directors, shareholders, employees, successors and assigns, from and against any and all claims, demands, losses, damages, liabilities, costs or expenses, including reasonable attorneys’ fees, by reason of any breach by user of the restrictions in these Terms of Use or breach of user’s agreement under these Terms of Use. 8. General This web site is controlled and administered by NMD Distributors and Nicole Michelle Maternity from its headquarters within the State of Florida, USA. Unless otherwise specified, the Content on this web site is presented solely for the purpose of entertainment and promoting services available in the United States, its territories and possessions. NMD Distributors and Nicole Michelle Maternity makes no representation that access to this web site or the Content are appropriate or available for use in other locations. Access to this web site or the Content from any location where such access is illegal is prohibited. Users shall not download or otherwise export or re-export any Content except in full compliance with all U.S. and other applicable laws and regulations. The validity, construction and enforceability of these Terms of Use shall be governed in all respects by the domestic laws of the United States and the State of Florida applicable to agreements made and to be performed entirely in the State of Florida, without giving effect to any choice of law, or any principles of comity, or conflict of law provision, or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Florida, even though a user may not be a resident of that State. You agree that any actual or threatened breach of this Terms of Use may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used herein, the term "any court of competent jurisdiction" shall include the state and federal courts sitting in, or with jurisdiction over actions arising in, Pinellas County in the State of Florida, the jurisdiction, venue, convenience, and appropriateness of which are hereby expressly CONSENTED TO by you, all objections thereto being expressly WAIVED by you. If any particular portion of a provision of these Terms of Use shall ever be adjudicated as invalid or unenforceable, or if the application thereof to any party or circumstance shall be adjudicated to be prohibited by or invalid under applicable laws or public policies, such particular portion of the provision shall be deemed amended to delete therefrom such portion so adjudicated, such deletion to apply only with respect to the operation of such portion in the particular jurisdiction so adjudicating on the parties and under the circumstances as to which so adjudicated and only to the minimum extent so required, and the parties shall be deemed to have substituted for such portion so deleted words which give the maximum scope permitted under applicable law to such provision. These Terms of Use contain the entire understanding between you and NMD Distributors and Nicole Michelle Maternity with respect to their subject matter, provided that if you are a customer, carrier, vendor or other contractor who has a separate written agreement with NMD Distributors and Nicole Michelle Maternity covering any portion of the subject matter of these Terms, except as otherwise expressly provided, the terms of such written agreement shall control. Your use of this web site after NMD Distributors and Nicole Michelle Maternity modifies or amends it in any way shall constitute acceptance of such modification or amendment by you.