Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
TERMS OF SERVICE
ThankYouNicky.com®, ThankYouNicky.com and associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the website for your personal use.
This license or access and use does not include any resale or commercial use of this website or its contents, any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ThankYouNicky.com. You may not use any meta tags or any other “hidden text” utilizing Thank You Nicky’s name or trademarks without the express written consent of ThankYouNicky.com. Any unauthorized use terminates the permission or license granted by ThankYouNicky.com and associated companies.
ThankYouNicky® and ThankYouNicky.com reserve the right to change the information, features and functions of this website without prior notice. We may refuse service, terminate accounts, and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, or the rights of any third party for any reason. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Copyright and Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of ThankYouNicky® and ThankYouNicky.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Thank You Nicky® and ThankYouNicky.com under the copyright laws of the United States and other countries. ThankYouNicky® may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. ThankYouNicky.com® reserves all rights not expressly granted in and to the Website and the Content.
Unless otherwise noted, ThankYouNicky® and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of ThankYouNicky® and ThankYouNicky.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of ThankYouNicky® and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.
No Medical Advice
The information contained on this website, or provided at your request, is for informational purposes only. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this website has not been evaluated by the Food and Drug Administration. Nothing on this website is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining ThankYouNicky® and ThankYouNicky.com’s prior written consent. ThankYouNicky.com may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.
Some services on the website, including the free resource library and courses, permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at support@ThankYouNicky.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including the comment section of any blog post. Additionally, “Forum” includes any other website page or content area created by ThankYouNicky® on one or more social media pages, including, but not limited to Facebook, Twitter, Google+, YouTube, Instagram, and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant ThankYouNicky® and ThankYouNicky.com the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this website or associated social media.
You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying a Forum.
- Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- You are and will remain solely and completely responsible for the content you post on or through the website under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion.
Links on this website direct visitors to various food, beverage and dietary supplement products on third part websites. These products are not intended to diagnose, treat, cure, or prevent any disease. ThankYouNicky® and ThankYouNicky.com and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ThankYouNicky® and ThankYouNicky.com and all associated companies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ThankYouNicky.com AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ThankYouNicky.com DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ThankYouNicky®, ThankYouNicky.com AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF WELLNESS MAMA OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ThankYouNicky.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to ThankYouNicky.com Copyright © 2006 – 2019, ThankYouNicky® and ThankYouNicky.com. All rights reserved.
You agree to indemnify, defend, and hold harmless ThankYouNicky®, ThankYouNicky.com, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
THANKYOUNICKY® TRADEMARK GUIDELINES
ThankYouNicky® (ThankYouNicky) counts among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the ThankYouNicky trademarks and logos is a priority for ThankYouNicky and associated companies.
These Trademark Guidelines contain detailed information about how to refer to ThankYouNicky® trademarks. These Trademark Guidelines are designed to ensure proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage.
Proper use of the ThankYouNicky® name and trademarks is important. You may use the ThankYouNicky® trademark to accurately describe or refer to ThankYouNicky’s website, goods and services, provided you follow these Guidelines. For example, you may use the registered mark ThankYouNicky® to discuss and review this website or other works created by ThankYouNicky or ThankYouNicky.com.
The font size of the phrases using the ThankYouNicky® registered marks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.
You may use the ThankYouNicky® registered marks and trademarks to direct your visitors to the ThankYouNicky.com homepage or other pages on ThankYouNicky.com.
Do not use the ThankYouNicky®, ThankYouNicky.com the ThankYouNicky® logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with ThankYouNicky, ThankYouNicky.com or authors of ThankYouNicky.com.
Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the ThankYouNicky® registered marks trademarks.
Logos: You may not use the ThankYouNicky® logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from ThankYouNicky.com.
Domain Names, Meta tags, Hidden Text: You may not incorporate the ThankYouNicky® registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from ThankYouNicky®, ThankYouNicky.com and associated companies.
Internet Advertising Keywords: You may not use or incorporate the ThankYouNicky® registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from ThankYouNicky.com and associated companies.
Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the ThankYouNicky® registered marks or trademarks without first obtaining a written license from ThankYouNicky.
For federally registered trademarks owned by ThankYouNicky, the ® symbol must accompany these trademarks (e.g., ThankYouNicky®) and ThankYouNicky.com should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “ThankYouNicky® is a registered trademark owned by ThankYouNicky.com”.
Social Media Guidelines
You may not use ThankYouNicky® registered trademarks as any part of your social media account name, user name, page name, or as a community name.
Reservation of Rights
Unless otherwise agreed to in writing, ThankYouNicky.com reserves the right to terminate permission to copy, reproduce, or display the ThankYouNicky® registered trademarks and to demand that the ThankYouNicky® trademarks cease to be used at any time, in its sole discretion.
For any questions regarding the proper usage of the ThankYouNicky® registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@ThankYouNicky.com.
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), ThankYouNicky follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@ThankYouNicky.com and your account will be permanently removed from our system.
ThankYouNicky.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on ThankYouNicky.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to:
Or physically to:
8325 NE 2nd Ave
Miami, FL 33138
ThankYouNicky.com will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.