“You” refers to you as a user of LITTLENICHOLAS, any party authorized to act on your behalf, your company, partner or any party you are representing or acting on behalf of, on LITTLENICHOLAS.
You represent that you are at least 18 years old and have provided and will continue to provide accurate and correct information to LITTLENICHOLAS. You represent that you have full authority to enter into this agreement and perform its terms. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties.
Although LITTLENICHOLAS strives to update and keep accurate as much as possible the content contained on this Website, errors and/or omissions may occur. The content contained in LITTLENICHOLAS or which may be downloaded from LITTLENICHOLAS is provided “as is” and “as available.” As such, LITTLENICHOLAS makes no warranty or representation regarding the quality, accuracy or completeness of such content and expressly disclaims liability for errors and/or omissions in said content. LITTLENICHOLAS may fix and correct typographical and unintentional errors at any time. If you have any concerns with the content on LITTLENICHOLAS, please contact us.
All messages, responses and other communication between you and LITTLENICHOLAS, including but not limited to e-mails, voicemails and webpages are confidential. You agree to take all reasonable steps to protect this confidential information and shall not copy, distribute, share or make public, any information from LITTLENICHOLAS without prior written permission from LITTLENICHOLAS.
LITTLENICHOLAS shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either expressed or implied. In the event that any state/province/country does not permit this broad exclusion or limitation on liability for damages as contained herein, or if the broad exclusion is invalidated in whole or in part for any reason, LITTLENICHOLAS’s liability is limited to the full extent that is permitted by law. You agree that in no event shall LITTLENICHOLAS’s maximum aggregate liability exceed one hundred United States dollars ($100 USD).
You agree to defend, indemnify and hold harmless LITTLENICHOLAS and its owners, operators, parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders and affiliates from any loss, liability, damages or expense, including reasonable legal fees, resulting from any third party claim, action, proceeding or demand related to your use (including your agents, affiliates or anyone acting on your behalf) of LITTLENICHOLAS.
LITTLENICHOLAS is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement shall not in any way be affected or impaired thereby. LITTLENICHOLAS will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of LITTLENICHOLAS as reflected in the original provision.
This agreement is binding on you, your heirs, successors and assigns, partners, agents, parent corporations, subsidiaries, affiliates, employees.