Welcome to the website of Nichols Management Group, Ltd. (“Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website.
By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.
1. Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of the website after changes are posted constitutes your acceptance of the modified Terms.
2. Use of Website // Permitted Use
You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:
Use the website in any way that violates any applicable federal, state, local, or international law or regulation, Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material, Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website, Use any robot, spider, or other automatic device to monitor or copy our website without prior written permission, Interfere with or disrupt the website
or servers or networks connected to the website.
3. Intellectual Property Rights
The website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement, are owned by Nichols Management Group, Ltd., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store,
or transmit any of the material on our website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, You may store files that are automatically cached by your web browser for display enhancement purposes, You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use.
4. Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nichols Management Group, Ltd. or its affiliates or licensors. You must not use such marks without our prior written permission.
All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
5. User Submissions
If you submit any content, information, or materials to us through the website, including but not limited to feedback, comments, or suggestions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
6. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by Nichols Management Group, Ltd.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
7. Disclaimer of Warranties
IMPORTANT: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
The website will be available at any particular time or location, uninterrupted or secure, Any defects or errors will be corrected, The website is free of viruses or other harmful components, The results of using the website will meet your requirements.
8. Limitation of Liability
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NICHOLS MANAGEMENT GROUP, LTD., ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Nichols Management Group, Ltd., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website. Judgment on the award may be entered in any court having jurisdiction.
10. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to these Terms or the website shall be governed by and construed in accordance with the laws of Maine/[JURISDICTION], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [INSERT COUNTY AND STATE], and the parties irrevocably consent to the personal jurisdiction and venue therein.
11. Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in York, Maine, before one arbitrator. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
12. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Nichols Management Group, Ltd. regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
14. Contact Information
Questions or comments about the website or these Terms may be directed to us at the contact information below.
If you have any questions about these Terms of Use, please contact us at:
Nichols Management Group, Ltd.
Email: info@nicholsmanagementgroup.com
Phone: (207) 363-8230
Address: P.O.Box 1288, York Harbor, Maine 03911
15. Acknowledgment
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.