Terms & Conditions

Terms of Service:

The following Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage Nickpapajohn.com, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). This website is owned and operated by Nickpapajohn.com, Inc. These Terms apply in full force and effect to your use of this Website and by using this Website; you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.

This Website is not for use by any minors (defined as those who are not at least 13 years of age), and you must not use this Website if you a minor.

  1. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Nickpapajohn.com and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. Nickpapjohn.com logo and all other trademarks, service marks, graphics and logos used in connection with Nickpapajohn.com are trademarks or registered trademarks of Nickpapajohn.com licensors or Third-Party. Other trademarks, service marks, graphics and logos used in connection with the Website may be trademarks of other third parties. Your use of this Website grants you no right or license to reproduce or otherwise use any Nickpapajohn.com or third-party trademarks.

  1. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or

    may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  1. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  2. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Nickpapajohn.com may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.

  1. Your Content.

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Nickpapajohn.com a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Nickpapajohn.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

  • Your Nickpapajohn.com Account and Site

    • If you create a blog/site on the website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Nickpapajohn.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Nickpapajohn.com liability. If you notice a breach of security or any unauthorized uses of your blog, You must immediately contact Nickpapajohn.com. Nickpapajohn.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  • Expectations of Contributors

    • If you operate a blog, comment on a blog, post material to the website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secrets rights, of any third party;

  • You have read and fully complied with any third-party licenses relating to the Content;

  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing);

  • the Content is not pornographic; does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and

  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own.

 

  1. FedEx Shipping and Refunds

    • com utilizes FedEx as the sole source of all deliveries. All orders are processed and shipped out on Tuesday. Depending on Your Zip code will determine when your order will arrive. No orders will arrive beyond 3 days unless delays that are beyond our control (ex. Weather, etc.). If Your order arrives on the 4th day, contact Nickpapajohn.com immediately within 24 hours and a refund will be issued and Your order will be reshipped.

    • If your order is damaged, please contact us immediately within 24 hours of delivery. If your order is missing, contact us immediately.

    • com uses FedEx boxes and packed with dry ice to maintain freshness of order.

    • For incorrect addresses, a $15.00 address change fee will be applied.

    • FedEx orders are released without a signature unless requested during checkout in special notes.

    • If purchasing items as a gift, it’s the purchaser’s responsibility to notify the recipient of the delivery of perishable items.

  1. No warranties.

This Website is provided “as is,” with all faults, and Nickpapajohn.com makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Nickpapajohn.com does not warrant that the Website will be error free or that access thereto will be continuous or uninterrupted. You agree if you download from, or otherwise obtain content or services through, the Website that you are doing so at your own discretion and risk.

  1. Limitation of liability.

In no event shall Nickpapajohn.com, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with Your use of this Website, whether such liability is under contract, tort or otherwise, and Nickpapajohn.com, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to Your use of this Website. Nickpapajohn.com shall have no liability for any failure or delay due to matters beyond their reasonable control.

Allergen Warning – Contains Shrimp

Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

 

  1. General Representation and Warranty

You represent and warrant that Your use of the Website will be in strict accordance with the Nickpapajohn.com Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data from which you reside) and Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  1. Indemnification.

You hereby indemnify to the fullest extent Nickpapajohn.com, its contractors, its licensors, and their respective directors, officers, employees and agents  from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  1. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms.

Nickpapajohn.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

  1. Assignment.

Nickpapajohn.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Nickpapajohn.com and You in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

  1. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of New York, U.S.A. and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York, U.S.A. for the resolution of any disputes.

– Nickpapajohn.com –