Site Terms & Conditions

Nickalot.com is committed to providing organizations, participants and customers with the finest and easiest fundraising experience. If you need assistance, please contact us via email.

These Terms & Conditions ("Terms of Use") constitute a binding agreement between us and you governing your use of the website www.Nickalot.com ("Site"). In addition, when you use any Nickalot.com service you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these Terms of Use by this reference. Nickalot.com reserves the right to change this Site and these Terms of Use at any time without notice to you. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Privacy Policy

Nickalot.com will never sell, rent, give away, or loan any information captured on its website regarding our customers, including email addresses, to any third party.

We gather your email address only when you register an organization or participant, place an order or ask a question. And we will only use it when necessary to contact you about your current order, respond to your question or to alert you of anything regarding your Nickalot.com account. You can opt-out of special notifications at any time.

The use of profile pictures and videos is not required for participation in an organization's fundraiser through Nickalot.com. You may remove profile pictures and videos at any time. You will be solely responsible for your choice to use these optional features. You also acknowledge that Nickalot.com and any related affiliate, subsidiary or company is in no way liable for your choice to use these optional features or for any loss or damage of any kind that may arise from their use. Participants’ names, profile pictures and profile videos are seen only by people who have entered a participant’s individual PIN code or with whom their page has been shared.

Lastly, please feel confident that your information is safe. All of your personal information is digitally encrypted using an advanced 256-bit Secure Sockets Layer (SSL) secure server.

We welcome any questions or comments concerning privacy.

Shipping Policy

Credit card authorization and verification must be received prior to processing an order for shipment. Please allow up to 2 weeks for your cookie dough to arrive and 15 weeks for your magazine subscription(s) to start.

Return Policy

All sales are final and no refunds will be allowed.

Use of Site

Subject to these Terms of Use, Nickalot.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for only the intended use of the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Nickalot.com in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Nickalot.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to Nickalot.com's interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; (c) contains any telephone numbers, street addresses, last names, URLs or email addresses; or (d) includes any bugs, viruses, worms, trap doors, Trojan horses , robots, spiders, time bombs or other harmful code or properties.

In order to access some features of the Site you will have to create an account. When creating your account you must provide accurate and complete information. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Use, and Nickalot.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Nickalot.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You are not allowed to use another user's account without permission. NICKALOT.COM CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

You agree not to collect or use any personally identifiable information including, without limitation, account names, screen names, email addresses, or other user submitted information from the Site. You also agree not to harm minors in any way or solicit personal information from anyone else using the Site.

Intellectual Property Rights

The content on the Site, except as otherwise provided elsewhere in these Terms of Use or on the Site, including without limitation the text, graphics, images, designs, photos, videos, music, sound and logos created by and for Nickalot.com, interactive features, source code, trademarks and service marks contained herein (collectively "Marks") are owned by or licensed to Nickalot.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Nickalot.com or as expressly provided herein. We reserve all rights not expressly granted in and to the Site and the Content and Marks contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein. If you download or print a copy of the Content or Marks for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Site or the Content or Marks therein.

Termination And Effect Of Termination

In addition to any other legal or equitable remedies, Nickalot.com may, without prior notice to you and in its sole discretion, immediately terminate the Agreement or revoke any or all of your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Site and Nickalot.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. Nickalot.com shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Site.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY NICKALOT.COM ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NICKALOT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICKALOT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, Nickalot.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.

Links

The Site may contain links to third party websites that are not owned or controlled by Nickalot.com. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party websites. By using the Site you specifically release Nickalot.com and any related affiliate, subsidiary or company from any and all liability arising from your use of any third-party website.

Indemnity

You agree to defend, indemnify and hold harmless Nickalot.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Nickalot.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

Applicable Law

By visiting this Site, you agree that the laws of the State of Arkansas, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Nickalot.com or any of its affiliates or subsidiaries. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Little Rock, Arkansas, except that to the extent you have in any manner violated or threatened to violate Nickalot.com's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arkansas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Arkansas. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Nickalot.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Site. It is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

Our Address

Please send any questions or comments regarding this Site by email or to:

Nickalot.com
PO Box 294
Bryant, AR 72089