Nykki Hardin LLC prides itself in offering the utmost in customer support and education and will always go the extra mile for customers. We offer tools and resources to support you in your personal quest for health. That said, because the world of detoxification and cleansing is a vast one, it is important that you read, agree with and accept all of these Terms and Conditions before doing business with our company.
Please DO NOT conduct Nykki’s Cleanse, ’21’, or any other cleanse program on our site if you:
are pregnant or nursing
are under the age of 18
have active cancer
have liver disease or hepatitis
have Type 1 Diabetes
are on medications for bipolar disorder, or
have an allergy to any ingredient listed.
Note: All patients using birth control pills of any type should use a back-up method during the cleanse. Consult your physician or other healthcare professional before beginning 21, Nykki’s Cleanse, or any other cleanse offered on our website, or if you have a medical condition or are taking any medications.
The following describes the terms on which Nykki Hardin, LLC. offers you access to our website. If you do not agree to be bound by the terms and conditions of this user agreement, do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Nykki Hardin, LLC. website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Nykki Hardin, LLC, a California limited liability corporation (hereinafter referred to as “Nykki Hardin, LLC.,” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement may not be otherwise amended except in a writing signed by you and Nykki Hardin, LLC. This Agreement is effective as of March 12, 2013.
1. USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2.1 Purchases. Products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Nykki Hardin LLC or an authorized third party on Nykki Hardin LLC’s behalf to supply certain PII, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Nykki Hardin LLC or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement. You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes.
2.2 Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
3) Liability Limit
In no event shall Nykki Hardin, LLC., our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Nykki Hardin, LLC.’s liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Nykki Hardin, LLC. in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Nykki Hardin LLC.’s products may be brought by you or Nykki Hardin, LLC. more than one (1) year following the event which gave rise to the cause of action.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO NYKKI HARDIN, LLC., AS WELL AS HOLD NYKKI HARDIN, LLC. HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS’ FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH NYKKI HARDIN, LLC. MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM NYKKI HARDIN, LLC.ʼS SOLE OR COMPARATIVE NEGLIGENCE.
5) Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Nykki Hardin, LLC. to collect our fees and/or recover damages for, or to obtain an injunction relating to, Nykki Hardin, LLC. website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Nykki Hardin, LLC. may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, CA necessary to protect the rights or property of Nykki Hardin, LLC., pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. This Agreement shall be subject to and governed by the laws of the State of California, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Nykki Hardin, LLC. of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
8) THIRD PARTIES
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Nykki Hardin LLC is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Nykki Hardin LLC may change this policy from time to time so please make sure to regularly check this page for updates.
Nykki Hardin LLC is the sole owner of the information collected on this site and we are committed to ensuring your information is secure. We do not sell, share, trade or transfer this information to outside parties in ways different from what is disclosed in this statement. We gather information to administer the site, track page views and click-through activity of links, and to gather broad information for internal use. In order to prevent unauthorized access and disclosure we have put in place suitable procedures to safeguard and secure the information we collect online.
10) CUSTOMER SUPPORT
Support is available Monday to Friday: 9am to 5pm Pacific Standard Time.
We do not accept returns.
We endeavor to ship all orders within 48 hours of receipt. Orders placed Friday afternoon through Sunday will be shipped the following week. Shipping charges are in addition to the cost of the program.