EndUserAgreement

USER AGREEMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. This website (available at the URLs www.nookindustries.com and www.nookind.com) (the “SITE”) is provided by Nook Industries, Inc. (“NOOK”). By using the SITE, you agree to abide by all of the terms and conditions of this User Agreement between you and NOOK(the “Agreement”). If you do not agree to the terms of this Agreement, please do not use this site. Certain of the terms of the Agreement as identified below apply only to subscribers to the NOOK eCatalog service made available through the SITE (the “Services”).

NOOK may change, add or remove portions of this Agreement at any time by posting revised versions of this Agreement on the SITE.

NOOK may change, suspend or discontinue any aspect of the SITE at any time, including the availability of any Service feature, or content. NOOK may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

COPYRIGHT

Copyright © 1998 - @ 2016 NOOK Industries, INC. - All rights reserved.

All materials published on SITE (including, but not limited to text, white papers, case studies, news articles, photographs, images, illustrations, CAD Model downloads, audio clips and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and foreign copyright laws and international treaties, and owned by NOOK, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions applicable to any of the Content. You may download, view, copy, and print any Content made publicly available on the Site, solely as reference material for internal business use or personal use, provided that you do not remove or alter any trademark, service mark, or logo or any copyright or other intellectual property notices. Except as set forth above, you may not download, view, copy, print, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works derived from, distribute, perform, display, or in any way exploit, any of the Content or the SITE in whole or in part. Copying or storing of any such material other than as set forth above is expressly prohibited without prior written permission from Nook Industries.

TRADEMARKS

TRADEMARKS NOOK, Nook Industries, Inc., the Nook logo, PowerAc, PowerAcPlus, PowerTrac, PowerTrax, ActionJac, EXCEL, EZZE-MOUNT and PowerTorq are trademarks of NOOK in the United States and other countries. The trademarks of NOOK may not be used in connection with any product or service that is not provided by NOOK, or in any manner that is likely to cause confusion among customers, or in any manner that disparages NOOK.

CONDUCT

The SITE may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The SITE may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, including denial of service attacks, imposition of an unreasonable or disproportionately large load on our infrastructure, or dissemination of any virus or other malicious code. You may not use any robot, spider or other automated device to monitor or copy the web pages of the SITE or the Content without the express written permission of NOOK. NOOK reserves the right to prohibit use of the SITE by any user who, in our sole discretion, violates any term of this Agreement.

REPRESENTATIONS AND WARRANTIES

REPRESENTATIONS AND WARRANTIES NOOK warrants that defective products ordered through the SITE will be replaced without charge if promptly returned, and otherwise warrants the products available on the SITE only as set forth in any applicable terms of sale or as set forth on the SITE on a product by product basis. [IF TRUE] EXCEPT FOR THESE LIMITED WARRANTIES, THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NOOK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THIS SITE, THE INFORMATION, THE CONTENT, THE SERVICES OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOOK MAKES NO WARRANTY THAT (i) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE OR AS PART OF THE SERVICES WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; OR (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.

USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any Content. NOOK assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the SITE, any of the CONTENT, or any other site to which the SITE is linked.

The information on this SITE is believed to be accurate and reliable. However, it is the responsibility of the product user to determine the suitability of NOOK products for a specific application. IN NO EVENT WILL NOOK BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF NOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM NOOK; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED BY NOOK. NOOK SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THIS AGREEMENT WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND NOOK’S REASONABLE CONTROL.

LINKS

The SITE contains links to other websites. Since NOOK is not responsible for such other websites, you should direct any concerns regarding any external link to the administrator of the relevant website. NOOK has not reviewed all of the websites linked to this SITE and you visit such sites at your own risk and discretion. The inclusion of any link to such a website does not imply endorsement by NOOK of the website, its content, its owner, its performance, or its owner’s products or services. NOOK makes no representation or warranty regarding any linked website.

PRIVACY POLICY

Personal information you submit to the SITE will be treated as set forth in our expanded Privacy Policy.

INFORMATION YOU SEND US

Except for personal information, including your credit card number, any communication or material you transmit to the SITE by electronic mail or otherwise, including any questions, comments, or suggestions, are, and will be treated as, non-confidential and non-proprietary. Except for personal information, anything you transmit may be used by NOOK or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and you grant NOOK a royalty free, perpetual, irrevocable non-exclusive license to reproduce, modify, adapt, create derivative works from, perform, distribute, or publish any such material. Furthermore, NOOK is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the SITE for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. NOOK reserves the right to disclose any material transmitted to us, or information relating to such material, if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to any claim that material contained on or associated with the SITE is in violation of any right of any third party; or (iv) to protect the rights, property, or personal safety of NOOK, its employees, its users, or the general public.

WEBSITE TERMINATION

NOOK may terminate your access to this SITE and the content herein for any reason without notice to you. In the event of any such termination, NOOK shall have no liability to you whatsoever.

GENERAL INFORMATION

You are responsible for compliance with all applicable laws governing your access to the SITE. The sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts having within their jurisdiction the location of NOOK’s principal place of business, and you and NOOK agree to submit to personal and exclusive jurisdiction of these courts. Any failure by NOOK to exercise or enforce any term, provision, or right established by this Agreement shall not constitute a waiver of such term, provision, or right. This Agreement, and any express written agreement NOOK may have entered with you or any other express terms referenced herein, are the complete and exclusive agreement between NOOK and you concerning your use of the SITE and the Services (defined below). In the event that any term or provision of this Agreement is deemed invalid or unenforceable, the term or provision shall be limited or interpreted in accordance with its intentions to the maximum extent allowed by law. This Agreement does not create an agency, joint venture, or employment relationship, and you do not have the right to bind NOOK in any respect whatsoever. The terms and provisions of this Agreement may not be assigned, transferred, or sublicensed by you; however, NOOK reserves the right to assign this Agreement in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and do not have any legal or contractual effect whatsoever.

GENERAL RULES AND DEFINITIONS

By using the NOOK services (the “Services”), you agree to abide by all the terms and conditions of this Agreement.

IF ANY TERMS OF THIS AGREEMENT (INCLUDING ANY ANY FUTURE REVISIONS) ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR ACCOUNT BY SENDING E-MAIL TO: nook at nookind dot com (See section regarding Termination Of Service below).

NOOK may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature of the Services, and any related Content. NOOK may also impose limits on the Services or restrict your access to parts or all of the Services without notice or liability.

If you register on behalf of your employer or any other entity, you represent that you are authorized by that party to enter into this Agreement on its behalf and to use the Services, including by making purchases, on its behalf.

REGISTRATION AND SECURITY

During the registration process we may require that you supply an e-mail address, password, and demographic information (name, company, address, industry, job title, and estimate on purchase time). You may not select or use a member ID or password of another person with the intent to impersonate that person or use a member ID that NOOK, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your member ID and password and for taking reasonable precautions to prevent their unauthorized use by designees or others.

You shall notify nook at nookind dot com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or account. Until you provide such notice to NOOK, NOOK will presume that all use of your member ID or password is authorized by you, and you will be responsible for any fees incurred, and for any activity on the SITE, by anyone using your member ID or password.

COMMUNICATIONS BETWEEN NOOK AND SUBSCRIBERS

The information you submit to the SITE as part of the registration process, including name, address, and company affiliation, will be treated as set forth in our expanded Privacy Statement.

NOOK reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the SITE or the Services and may contact you via e-mail, mail, phone or fax regarding your participation in user surveys, your feedback on the SITE or the Services, and existing or prospective products and services.

ACCOUNT TERMINATION

You may terminate your account at any time by sending an e-mail to nook@nookind.com. Upon termination, you will receive a confirmation via e-mail that your request was received, and your access will be suspended within 24 hours.

NOOK may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement without notice. In the event of any such termination, NOOK shall have no liability to you whatsoever.

Last updated October 25, 2012