Thank you for visiting our site which is owned and operated by NicholsMd of Fairfield(collectively, “We”, “Us”, or “Our”). Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the services of this site (the “Site”). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE (THE “SITE”) AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.
These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download, or otherwise use the Site or purchase any cosmetics, and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms and Conditions at any time on a going-forward basis. It is your responsibility to check these Terms and Conditions for changes prior to use of the Site, and in any event, your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.
Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state, and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by NicholsMd of Fairfield or by other parties that have provided rights thereto to NicholsMd of Fairfield.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
NicholsMd of Fairfield respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective. Our designated Copyright Agent to receive notifications of claimed infringement is:
24 Harbor Point Road
Stamford, CT 06902
After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.
This notification process does not limit NicholsMd of Fairfield’s ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships, and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions.
We control and operate the Site from our offices in the State of Connecticut, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of Connecticut. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
By using this Site, you agree that NicholsMd of Fairfield at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
You must be 18 years or older in order to participate or have the express permission of a parent/guardian (but in any case, you must be at least 13 years old). By affirmatively signing up for NicholsMd of Fairfield’s Alerts and otherwise using the SMS service, you expressly agree to be bound by these SMS Terms & Conditions and you consent to receive NicholsMd of Fairfield text message disclosures electronically. If you do not consent to these SMS Terms & Conditions and do not agree to receive electronic disclosures, you must immediately cease using the SMS services that you have received and contact us as provided below. Your consent to these SMS Terms & Conditions includes authorization for NicholsMd of Fairfield to deliver advertising messages using an autodialer; and you acknowledge that your consent to these SMS Terms & Conditions is not in any way required as a condition of making purchases from NicholsMd of Fairfield. You acknowledge that text messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the text message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page, or email us at NicholsMDNicholsMd of Fairfield.com You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
These Terms and Conditions were last updated in August, 2020