Welcome to the Nick Lucas Web site (the "Web site").
Disclaimer of Warranty
Nicklucas.com disclaims any and all warranties of merchantability and fitness for a particular purpose. All content on www.nicklucas.com is provided "As Is" and without warranties of any kind, either express or implied. Other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction or modification, neither Nicklucas.com, its affiliated or related entities, nor the providers, nor any person involved in producing, creating and/or distributing this Web site warrant that the server that allows information on this site to be accessible will be free of any computer viruses or other harmful elements, that mistakes or defects contained on this site will be corrected, or that functions offered on this site will be uninterrupted or free of error.
Nicklucas.com does not warrant or make any representations regarding the results that may be obtained from the use of this Web site, or as to the reliability, accuracy or currency of any information content, acquired pursuant to your use of this Web site.
Limitation of Liability
You expressly agree that use of this Web site is at your sole risk and that in no event Nicklucas.com, nor its affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in producing, creating and/or distributing this Web site shall be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, whether based on breach of contract, tort (including negligence), product liability or otherwise any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from the use or attempted use of this Web site or any other linked site, even if advised of the possibility of such damages.
You assume the entire cost of any and all necessary service including but not limited to technical support, repair, or correction of your system. By way of example, and without limiting the generality of the foregoing, Nicklucas.com and its related persons and entities shall not be responsible or liable for any damage, loss, or claim arising from delay in operation, failure of performance, interruption of service, defect, omission, error, deletion, theft, computer virus, unauthorized access or alteration of records, reliance upon or use of data, information, opinions or other materials appearing on this Web site.
You expressly acknowledge and agree that Nicklucas.com is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
Some state statutes might apply regarding limitation of liability. Such jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Nicklucas.com's liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Nicklucas.com and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, claim and expense, damages and costs, including reasonable attorneys' fees, resulting from to (i) your violation of this agreement, and (ii) your posting of material to the Nicklucas.com site.
Links to Other Sites
You may not establish a hyperlink to Nicklucas.com or provide any links that state or imply any sponsorship, approbation, sanction, or endorsement of your Web site by Nicklucas.com, or its affiliates or Providers.
Trademarks, Copyrights, and Restrictions
All content on this Web site, including, but not limited to graphics, text, animations and illustrations, is protected by copyrights and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Nicklucas.com or its affiliates, or by third party content providers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to Nicklucas.com Content on this Web site is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained on the Nicklucas.com Web site for your personal, non-commercial use only, but you may not use commercially in any way including but not limited to copying, posting, republishing, uploading, transmitting, reproducing, distributing, e-mailing, or sending via any other electronic means, without the prior written consent of Nicklucas.com or its providers. You may request consent by e-mailing email@example.com.
You may not modify any content from the Nicklucas.com Web site, use it on any other Web site or computer network, or use it for any purpose other than for personal, non-commercial use without the prior written consent of Nicklucas.com without violating the rights of the owners of Nicklucas.com and/or its providers' copyrights, trademarks, service marks, or other proprietary rights.
Without prior written consent of Nicklucas.com, you may not use or post onto any other Web site any of the content or other materials on this Web site. You may not use any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos, images, graphics, or characters, without the prior express written consent of the owner of the mark or copyright.
All materials on this site (including but not limited to the layout, branding, and design of this site) are owned and copyrighted by Nicklucas.com or its suppliers. You may access, use, download, or print the materials on Nicklucas.com, in whole or in part, only for your personal non-commercial use.
Changes to the Site
At any time and without notification, Nicklucas.com and/or its suppliers may change the information, services, products, and/or other content on this site, or terminate this site.
This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of North Carolina, without giving effect to any principles of conflicts of law. Nicklucas.com's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Nicklucas.com and you related to this agreement shall be brought exclusively in a federal or state court of competent jurisdiction.
Nicklucas.com is not responsible for the accuracy of any posted third-party fees or the accuracy of any posted fees related to their own services.
Unless otherwise specified, the content contained in this Web site is presented solely for your convenience and/or information. This Web site is controlled and operated by Nicklucas.com. Nicklucas.com makes no representation that content in its Web site is appropriate or available for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You may not use or export the materials in this Web site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Nicklucas.com brings to enforce these Terms, or in connection with any matters related to this Web site, shall be brought only in either the state or Federal courts located in Carthage, North Carolina and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.