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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 - 2004 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
Statement.
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.
Last Updated on January 1, 2004
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