Terms & Conditions
Effective date: September 23, 2025
Welcome to TheNiftiest.com (the “Site”), operated by Nifty Marketing, LLC (“The Niftiest,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms & Conditions (the “Terms”). If you don’t agree, please don’t use the Site.
Contact: hello@theniftiest.com
Address for notices: 609A Piner Rd PMB 3008, Wilmington, North Carolina 28409, United States
1) Who can use the Site
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Adults only. You must be 18+ to use the Site.
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No accounts, no purchases. We don’t offer user accounts or on-site purchases.
2) Privacy & cookies
Your use of the Site is also governed by our Privacy Policy and Your Privacy Choices page, which are incorporated into these Terms by reference. We use a consent banner powered by CookieYes to manage non-essential cookies and honor Global Privacy Control (GPC) where required. You can change your cookie settings anytime via the “Cookie Settings” control or the Your Privacy Choices link in our footer.
3) Ownership and permitted use
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Our IP. All content on the Site—including text, graphics, logos, images, videos, and code—is owned by Nifty Marketing, LLC or our licensors and is protected by U.S. and international laws.
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Your limited license. We grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Site for your personal, non-commercial use.
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Linking. You may link to our public pages in a fair and lawful way that doesn’t damage our reputation.
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Logos/branding. You may not use our logos, trade dress, or trademarks without our prior written permission.
4) User content (comments & reviews)
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What you post. If you post comments or other content (“User Content”), you represent you have the rights to do so and that it doesn’t violate any laws or rights.
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License you grant us. You grant The Niftiest a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating, promoting, and improving the Site, including syndication.
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Moderation. We may remove or decline to publish any User Content at our discretion (e.g., spam, off-topic, abusive, or otherwise unsuitable).
5) Acceptable use
You agree not to:
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Break the law, infringe IP rights, or post illegal content.
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Harass, threaten, or promote hate; post obscene or defamatory material.
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Upload malware or attempt to interfere with the Site’s security or operation.
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Scrape, crawl, harvest, or collect data from the Site (including by automated means) except as permitted by robots.txt.
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Frame, mirror, reverse-engineer, decompile, or otherwise attempt to derive the Site’s source code.
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Use the Site, our content, or our feeds to train AI models without our prior written permission.
We may suspend or block access if we believe you’ve violated these Terms or pose a risk to the Site or others.
6) Editorial disclaimers
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Information only; no professional advice. The Site provides general information and opinions, including on health/fitness and personal finance. We do not provide medical, legal, financial, or professional advice. Always consult a qualified professional for your situation.
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Health & fitness. Results vary. Consult a healthcare professional before starting any fitness or weight-loss program.
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Products, pricing, availability. These change frequently and may differ by region or over time. Always check the seller’s site.
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AI-assisted content. We may use AI-assisted tools in our editorial workflow; human editors review, but errors can occur.
7) Ads, affiliates, and third-party links
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Ads & affiliates. We display ads and include affiliate links. We may earn a commission if you buy through our links, at no extra cost to you. Our editorial opinions are independent.
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Third-party sites. We’re not responsible for third-party websites, content, products, or services. Your use of third-party sites is at your own risk and subject to their terms and policies.
8) DMCA / copyright policy
We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a DMCA notice to our designated agent:
DMCA Agent: Nifty Marketing, LLC
Email: hello@theniftiest.com
Address: 609A Piner Rd PMB 3008, Wilmington, North Carolina 28409, United States
Your notice must include all information required under 17 U.S.C. §512(c)(3). If you submit a notice, you may also send a copy to the user who posted the material. We may disable or remove content and, in appropriate cases, terminate repeat infringers. (We have designated or will designate an agent with the U.S. Copyright Office.)
9) Promotions, surveys, and giveaways
From time to time we may run promotions. Official Rules posted for a promotion control in the event of a conflict with these Terms.
10) Feedback
If you send ideas, suggestions, or feedback, you grant us a free, perpetual, irrevocable license to use them without restriction or compensation.
11) Warranty disclaimer
The Site is provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.
12) Limitation of liability
To the fullest extent permitted by law:
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We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, or data, arising out of or related to your use of the Site.
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Our total liability for any claim arising out of or relating to the Site or these Terms is capped at USD $100.
Some jurisdictions don’t allow certain limitations—if those laws apply, some of the above may not apply to you.
13) Indemnification
You agree to defend, indemnify, and hold harmless Nifty Marketing, LLC and our owners, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your User Content, or your violation of these Terms or applicable law.
14) Dispute resolution; arbitration; class-action waiver
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Informal resolution first. Before filing a claim, you agree to email us at hello@theniftiest.com with a brief description of your dispute and your contact information. We’ll try to resolve it within 30 days.
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Binding arbitration. If we can’t resolve it, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by JAMS under its Consumer Arbitration Rules.
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Location & format. The seat/venue of arbitration is Raleigh, North Carolina (Wake County), but you may choose to hold hearings by video/phone or on written submissions if the arbitrator permits.
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Class-action & jury waiver. Arbitration is on an individual basis only. No class actions or class arbitrations. You and we waive any right to a jury trial.
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Small-claims option. Either party may bring an individual claim in small-claims court in Wake County, NC (or your U.S. county of residence) instead of arbitration.
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Arbitration fees. Payment of filing, administration, and arbitrator fees is governed by JAMS rules.
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30-day opt-out. You can opt out of arbitration within 30 days of first accepting these Terms by emailing hello@theniftiest.com with the subject “Arbitration Opt-Out” and your full name, address, and a clear statement that you opt out.
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Severability. If the class-action waiver is found unenforceable, this entire arbitration section is unenforceable.
15) Governing law & venue
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. For any dispute not subject to arbitration, the exclusive venue is the state or federal courts located in Wake County (Raleigh), North Carolina, and you consent to their jurisdiction.
16) Time limit to bring claims
Any claim arising out of or related to the Site or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred.
17) Suspension/termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you’ve violated these Terms or for any reason in our discretion.
18) Changes to the Site or these Terms
We may update the Site and these Terms from time to time. When we make changes, we will update the “Effective date” above. Continued use of the Site after changes are posted means you accept the updated Terms.
19) Miscellaneous
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Severability. If any provision is unenforceable, the rest remain in effect.
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No waiver. Our failure to enforce a provision isn’t a waiver.
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Assignment. You may not assign these Terms without our consent; we may assign them as part of a merger, sale, or other corporate transaction.
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Entire agreement. These Terms, plus the Privacy Policy and Your Privacy Choices page, are the complete agreement between you and us regarding the Site.
20) Contact us
Nifty Marketing, LLC
609A Piner Rd PMB 3008
Wilmington, North Carolina 28409, United States
Email: hello@theniftiest.com