GENERAL CONDITIONS OF SALE AND USE
The Company NICKFORREAL LLC, 120 Madeira Drive NE STE 220, 87108 ALBUQUERQUE, NM, UNITED-STATES OF AMERICA.
The company can be reached by e-mail by clicking on the "contact" button accessible via the home page of the site, or at this address: firstname.lastname@example.org
Hereinafter, the "Seller" or the "Company",
On the one hand,
The natural or legal person purchasing services offered for sale by the company,
Hereinafter, the "Buyer" or the "Customer",
On the other hand.
Whereas the parties named above may be collectively referred to as the "Parties".
THE FOLLOWING HAS BEEN STATED AND AGREED:
The Site offers the Customer (hereinafter "the Customer") the possibility of benefiting from its advice on sports news, sports betting, analysis, and predictions (hereinafter defined as the "Services").
The list and description of products offered by NICKFORREAL LLC can be consulted on this site.
This website is operated by NICKFORREAL. On this website, the terms "we", "us" and "our" refer to NICKFORREAL.
NICKFORREAL offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions"), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features and tools that are added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes will constitute your acceptance of those changes.
The purpose of these general conditions of use and sale is to provide a legal framework for the use of the www.nickpary.com website and its services, hereinafter referred to as "the Publisher", and to define the conditions of access to and use of the services by "the User".
The present GTU and GTC are accessible on the site under the heading "GTU / GTC".
The General Terms and Conditions of Use and Sale must be accepted by all Users, registration or use of the site implies acceptance without reservation or restriction of these T&Cs by the User.
In case of non-acceptance of the GTC and GTC stipulated in this contract, the User renounces access to the services offered by the site.
NICKFORREAL reserves the right to unilaterally modify the content of these GTC and GTC at any time.
WITH THIS IN MIND, IT WAS AGREED:
ARTICLE 1 - CONDITIONS OF USE OF OUR SITE
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
The editor is not responsible for the occurrence of a malfunction of the server or the network, or in case of force majeure.
The site Erreur ! Référence de lien hypertexte non valide.undertakes to implement all necessary means to ensure the security and confidentiality of data.
The sources of the information shared on www.nickpary.com are deemed reliable, but errors, defects or omissions may exist.
The information provided is presented as an indication and general without contractual value.
The site www.nickpary.com can in no way be held responsible for any viruses that may infect the computer or hardware of the User after he has visited the site.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete, and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain past information. This past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - ORDERING SERVICES ON THE SITE
The Customer selects the service(s) he/she wishes to purchase and can access the Order summary at any time.
The Order summary lists the service(s) selected by the Customer and includes any additional charges, such as shipping costs, which are added to the price of the service(s) in the Order. The Customer may modify the Order and correct any errors before proceeding with the acceptance of the Order.
After accessing the Order summary, the Customer confirms acceptance of the Order by ticking the GTC validation box and clicking on the Order validation icon. The words "Order with payment obligation" or a similar unambiguous wording shall appear next to the Order validation icon to ensure that the Customer explicitly acknowledges his or her obligation to pay for the Order.
After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and irrevocably commits them.
Once the Sales Order has been validated, the Customer shall enter the contact details for the delivery of the service(s) and the billing address, if different, to proceed with the payment.
The Company shall then send the Customer an Order confirmation by e-mail, containing the elements of the Order summary and the delivery and, if applicable, billing addresses provided.
Once the Customer has validated his or her delivery and, where applicable, billing information, the Customer shall proceed with the payment of his or her Order in accordance with the terms and conditions set forth below.
The service(s) shall be automatically delivered to the Customer as soon as the Order is confirmed. The Client must ensure that the information provided at the time of placing the Order is correct. The Company shall not be held responsible if the non-receipt of the service(s) is due to a third party outside its intervention or in case of theft.
SECTION 5 - CHANGES IN SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any price changes, suspension, or discontinuance of the Service.
All our sales prices are displayed with all taxes included.
The prices are mentioned on the Site in the description of the services, in euros for the European territory and in dollars for the American territory, all taxes included. The price varies according to the offer proposed.
The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates the Order, fills in and validates the delivery and, if applicable, the billing details and proceeds to payment.
In case of payment by credit card, the Site uses the security system of Start Merchant, providers specialized in the security of online payment. These systems guarantee to the Customer the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secured system is thus entirely encrypted and protected. The Customer's bank details are not stored by the Company.
The Client warrants to the Company that he/she has the necessary authorizations to use the payment method when placing the Order.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel services purchased per person, per household or per order.
These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of such optional third-party tools.
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Use.
SECTION 8 - THIRD PARTY LINKS
Some of the content, products, and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services, or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transactions.
Complaints, claims, concerns, or questions regarding these third-party products should be submitted to these same third parties.
ARTICLE 9 - COOKIES
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser.
Cookies are small files stored temporarily on the hard drive of the User's computer by the browser, which are necessary for the use of the https://nickforreal.com website.
Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.
The information contained in the cookies is used to improve the https://nickforreal.com website.
The User accepts them when he/she visits the site, but he/she must nevertheless give his/her consent for the use of certain cookies. If the User does not agree to give his consent, he may be denied access to certain pages or features of the site.
The User may deactivate these cookies through the settings in his or her browser software.
ARTICLE 10 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but are under no obligation to, monitor, edit, or remove content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive, or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email
address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third-party posts.
SECTION 11 - PERSONAL INFORMATION
Within the framework of its activity, NICKFORREAL LLC, may be required to collect and process data, some of which are qualified as "personal". NICKFORREAL LLC attaches great importance to the protection of the personal data of its customers and users of its website, as well as to the respect of their private life. It assures that the collected data will be treated only for a precise purpose, and in a confidential way.
The company NICKFORREAL LLC undertakes to collect and process data in compliance with applicable laws and regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals about the processing of personal data to and the free movement of such data (General Regulation on the Protection of Personal Data or RGPD).
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are not required to update, modify, or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law.
No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
ARTICLE 13 - PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
The brands, logos, signs and all the contents of the site (texts, images, sound...) are protected by the Code of intellectual property and more particularly by the copyright.
Prior to any use, reproduction, publication or copying of the contents of the site, the User must request prior authorization from the Publisher. The User undertakes to use these contents in a purely private context, to the exclusion of any use for commercial or advertising purposes.
If a total or partial use is made without the express authorization of the Publisher, the User will be likely to be sanctioned by the American Intellectual Property Code.
In accordance with the American Intellectual Property Code, the User reproducing, copying, or publishing protected content must cite the author and his source.
ARTICLE 14 - OBLIGATIONS OF THE CLIENT
The Customer agrees to abide by the terms of these GTC.
The Client agrees to use the Site and the Services in accordance with the Company's instructions.
The Customer agrees that he/she is using the Site for his/her personal use only, in accordance with these GTC.
In this regard, the Customer agrees to refrain from:
Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
To sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or any part of the contents of the Site or to decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code, or use any software that enables or comprises all or any part of the Site.
Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site.
To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner.
Infringe the Company's intellectual property rights.
To denigrate the Site.
If, for any reason, the Company considers that the Customer is not complying with these T&Cs, the Company may at any time, and at its sole discretion, remove the Customer's access to the Site and take any action including civil and criminal legal action against the Customer.
ARTICLE 15 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty, or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall NICKFORREAL LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claims relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 16 - COMPENSATION
You agree to indemnify, defend and hold harmless NICKFORREAL LLC, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
ARTICLE 17 - SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 18 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
ARTICLE 19 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service)
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.
ARTICLE 20 - APPLICABLE LAW
These Terms and Conditions and any separate agreements through which we provide you Services shall be governed by and construed in accordance with applicable law.
American law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the American courts shall have sole jurisdiction.
The Customer may visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.
ARTICLE 21 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can view the most recent version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 22 - NEWSLETTER
By checking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter that may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the Company for services like those ordered.
Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
ARTICLE 23 - RIGHT OF WITHDRAWAL AND REFUND
In accordance with the provisions of the American Consumer Code, given the nature of the NICKFORREAL LLC Service, and insofar as the execution of the NICKFORREAL LLC Service (Subscription) has begun after the Customer's express prior agreement and after his express waiver of his right of withdrawal, the Customer may not exercise his right of withdrawal
No refund policy is proposed by NICKFORREAL LLC except in the case where an offer is set up with a month in positive or refunded.
ARTICLE 24 - CONTACT DETAILS - CUSTOMER SERVICE
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at email@example.com.
They can also be sent by WhatsApp: +1 505 356 7834.
For any request for information, clarification or complaint, the Client must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.
For any request to unsubscribe, the customer must send an email to firstname.lastname@example.org with a cancellation request, indicating the email address attached to his account, as well as his name and surname.
We have ONE month to process your request. Depending on when we receive your cancellation, you may be required to pay the subscription fees due for the following month's period.