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Terms of use

 

• Introduction
• Use of the Los Nicas Distributors Sites
• Content Submission
• Third Party Sites
• Order Acceptance and Billing
• Pricing Information
• Shipping and Delivery
• Information Provided on the Los Nicas Distributors Sites
• Export Policy
• Intellectual Property
• Colors
• Privacy
• Indemnification
• Termination
• Disclaimer
• Limitations of Liability
• General
• Procedure for Making a Claim of Copyright Infringement

 

 

1. INTRODUCTION

Welcome to the website provided by Los Nicas Distributors, Inc.  This Agreement applies to all of the websites where it is posted (collectively “Los Nicas Distributors Sites”). By using one of the Los Nicas Distributors Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction.  Additional terms and conditions apply to some services offered on the Los Nicas Distributors Sites and may be found at the place where the relevant service is offered.

We may change the terms of this Agreement from time to time. By continuing to use any of the Los Nicas Distributors Sites after we post any such changes, you accept the Agreement, as modified.


2. USE OF THE LOS NICAS DISTRIBUTORS SITES

You certify that the information you provide on the Los Nicas Distributors Sites is accurate and complete.  If you register an account on the Los Nicas Distributors Sites, you will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Los Nicas Distributors immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Los Nicas Distributors Sites, or any portion of the Los Nicas Distributors Sites, at any time without notice.

Los Nicas Distributors and its affiliates have no liability to you for content on the Los Nicas Distributors Sites that you find offensive, indecent, or objectionable.

You are prohibited from:

• Violating or attempting to violate the security of the Los Nicas Distributors Sites;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Los Nicas Distributors Sites; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Los Nicas Distributors or other third party web browsers) to navigate or search the Los Nicas Distributors Sites.

3. CONTENT SUBMISSION
Los Nicas Distributors may, in certain portions of the Los Nicas Distributors Sites, allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Los Nicas Distributors Sites (“Content”).  Content should be written in English or Spanish.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

A.     License Grant for Submitted Content

If you make any submission to the Los Nicas Distributors Sites, you automatically grant, or warrant that the owner of such content has expressly granted Los Nicas Distributors, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Los Nicas Distributors may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Los Nicas Distributors is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Los Nicas Distributors the right to use the name that you submit in connection with any Content.

B.     Prohibited Content

You represent and warrant that you will not submit the following Content:

a)     Content that is false, inaccurate, or misleading;
b)     Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)     Content that violates any local, state, federal, or international laws;
d)     Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)     Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Los Nicas Distributors in its sole discretion;
f)      Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Los Nicas Distributors;
g)     Chain letters or pyramid schemes;
h)     Content that impersonates another business, person or entity, including Los Nicas Distributors, its related entities, employees and agents;
i)      Content that contains viruses or other harmful computer code;
j)      Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)     Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Los Nicas Distributors in writing; or
l)      Content that violates any policy posted on the Los Nicas Distributors Sites, or interferes with the use of the Los Nicas Distributors Sites by others.

Although Los Nicas Distributors cannot monitor all Content, you understand that Los Nicas Distributors shall have the right, but not the obligation, to monitor the Content of the Los Nicas Distributors Sites to determine compliance with this Agreement and any other operating rules that may be established by Los Nicas Distributors from time to time. Los Nicas Distributors shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Los Nicas Distributors Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Los Nicas Distributors and its affiliates for all claims resulting from any Content you submit.


4. THIRD PARTY SITES
References on Los Nicas Distributors Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Los Nicas Distributors is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Los Nicas Distributors Site is at your own risk and will be governed by such third party's terms and policies.


5. ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will be charged for all orders before the order has shipped or before it can be released to you or your authorized representative at any of our physical locations throughout the United States.

Los Nicas Distributors reserves the right to limit the quantity of items purchased per person, per household, per business or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied.


6. PRICING INFORMATION
Los Nicas Distributors cannot confirm the price of an item until after your order is placed. If listed on the Sites Los Nicas Distributors, pricing errors may occur on the Los Nicas Distributors Sites. Los Nicas Distributors reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Los Nicas Distributors. Los Nicas Distributors may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Los Nicas Distributors Sites or from prices available in Los Nicas Distributors locations or on Los Nicas Distributors mobile applications (pricing, if made available, and availability remain subject to confirmation at checkout for mobile users).


7. SHIPPING AND DELIVERY
Delivery of items purchased from the Sites Los Nicas Distributors to addresses outside the United States is limited. Shipping and delivery for items within the United States is limited to the area of Miami-Dade County. For delivery restrictions, please contact our offices by clicking here. Some items are available for pick up at a physical warehouse location in the United States. Delivery times are determined based on the destination and the routes assigned the day the order is placed.


8. INFORMATION PROVIDED ON THE LOS NICAS DISTRIBUTORS SITES
Los Nicas Distributors and our customers post a variety of material on the Los Nicas Distributors Sites including without limitation, merchandise information, product descriptions, reviews, comments, In Stock Now information (collectively, “Materials”).  The Materials that appear on the Los Nicas Distributors Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you have found on the Los Nicas Distributors Sites, you should confirm any facts that are important to your decision. Los Nicas Distributors and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Los Nicas Distributors Sites. Los Nicas Distributors is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Los Nicas Distributors Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).

LOS NICAS DISTRIBUTORS, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE LOS NICAS DISTRIBUTORS SITES.


9. EXPORT POLICY
You acknowledge that some goods licensed or sold on the Los Nicas Distributors Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Los Nicas Distributors Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Los Nicas Distributors Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.


10. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Los Nicas Distributors, one of its affiliates or by third parties who have licensed their materials to Los Nicas Distributors and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Los Nicas Distributors Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Los Nicas Distributors Sites or your accessing, viewing, downloading, or printing of the IP.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Los Nicas Distributors Sites or any related software. All software used on the Los Nicas Distributors Sites is the property of Los Nicas Distributors or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Los Nicas Distributors Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Los Nicas Distributors Sites is the exclusive property of Los Nicas Distributors and is also protected by U.S. and international copyright laws.

Los Nicas Distributors and the losnicasdistributors.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Los Nicas Distributors Sites are trademarks or trade dress of Los Nicas Distributors in the U.S. and other countries.  All other marks are the property of their respective companies.


11. COLORS
We have made significant efforts to accurately display the colors of products that appear on the Los Nicas Distributors Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.


12. PRIVACY
You acknowledge that any personal information that you provide through the Los Nicas Distributors Sites will be used by Los Nicas Distributors in accordance with Los Nicas Distributors' Privacy Policy and California Privacy Rights, the terms of which are incorporated here by this reference.


13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Los Nicas Distributors and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Los Nicas Distributors Sites or any breach by you of this Agreement.


14. TERMINATION
This Agreement is effective unless and until terminated by either you or Los Nicas Distributors. You may terminate this Agreement at any time, provided that you discontinue any further use of the Los Nicas Distributors Sites. Los Nicas Distributors also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Los Nicas Distributors Sites, if in Los Nicas Distributors' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Los Nicas Distributors, you must promptly destroy all materials downloaded or otherwise obtained from the Los Nicas Distributors Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Los Nicas Distributors Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Los Nicas Distributors Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”


15. DISCLAIMER
THIS SITE IS PROVIDED BY LOS NICAS DISTRIBUTORS ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOS NICAS DISTRIBUORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LOS NICAS DISTRIBUTORS SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LOS NICAS DISTRIBUTORS SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOS NICAS DISTRIBUTORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LOS NICAS DISTRIBUTORS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE LOS NICAS DISTRIBUTORS SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE LOS NICAS DISTRIBUTORS SITES, THAT YOUR USE OF THE LOS NICAS DISTRIBUTORS SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.


16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LOS NICAS DISTRIBUTORS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LOS NICAS DISTRIBUTORS SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LOS NICAS DISTRIBUTORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL LOS NICAS DISTRIBUTORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE LOS NICAS DISTRIBUTORS SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.


17. GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Los Nicas Distributors to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Los Nicas Distributors' rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Los Nicas Distributors Sites must be brought in the state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.


18. PROCEDURES FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Los Nicas Distributors Sites in a way that constitutes copyright infringement, please see our DMCA Procedures for instructions on how to contact us to report possible copyright infringement.


Last updated on August 16, 2017.