Please read these terms and conditions of use ("Terms") carefully before using this website. By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this website.
1. Services. This Site is owned and operated by NIA. NIA provides you with access to a variety of resources, including product information and product purchasing (collectively "Services"). The Services, including any enhancements, are subject to the Terms.
2. Use Limitation. While we encourage you to print information to help you evaluate a purchase, unless otherwise specified, no software, products or services obtained from the Services may be modified, copied, downloaded, transmitted, distributed, displayed, performed, reproduced, published, licensed, transferred, sold or used to create derivative works from or used in any other way, except with prior written permission of NIA, and with express attribution to NIA. You may not alter or attempt to alter any materials or information on the Site, or the Site itself. You also may not, without our permission, "mirror" any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
3. Notice Specific to Software Available on this Website. Any software that is made available to purchase from this Website ("Software") is the copyrighted work of NIA's suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for purchase solely for use by end users according to the License Agreement. Any reproduction or redistributions of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NIA INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
4. Duration of This Agreement. This agreement will continue to be effective until either you or we terminate it. You may terminate this agreement at any time by destroying all materials you obtained from this Site, and ceasing to use the Site in any way. We may terminate this agreement immediately and without notice if we, in our sole discretion, decide that you have failed to comply with any term or condition of this agreement, or if we decide to modify the terms and conditions governing future use of this Site.
5. Ownership and Notice. You agree that NIA is the owner or licensee of all rights in this Site and the materials which appear on the Site, and that you will not challenge those rights or do anything which might impair or damage those rights. The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of NIA and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. If you do print anything from our Site, you are required to include all trademark, copyright and other proprietary notices. You may not link to our Site without prior permission from us.
6. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NIA server, or interfere with any other party's use and enjoyment of any Services, other accounts, computer systems or networks connected to any NIA server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and NIA will not be liable for any such unauthorized disclosure.
NIA and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NIA's products or marketing strategies might seem similar to ideas submitted to NIA. So, please do not send your unsolicited ideas to NIA or anyone at NIA. If, despite our request that you not send us your ideas and materials, you still send them, please understand that NIA makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Member Account, Password and Security. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur on your account. You agree to notify NIA immediately of any unauthorized use of your account or any other breach of security of which you become aware. NIA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NIA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
9. NIA's Terms of Sale and Warranties. NIA's obligations, responsibilities, and warranties regarding its products and services are governed solely by NIA's terms and conditions of sale or the license under which such products and services are sold or licensed.
10. Disclaimer of Warranties and Limitation of Liability. THIS WEBSITE, AND THE AND INFORMATION CONTAINED ON THIS WEBSITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, NIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. NIA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LIKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL NIA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Special Admonition for International Use. This Site is controlled and operated by NIA from its offices within the United States. NIA makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Recognizing the global nature of the Internet, those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You further specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No images or materials from this Site may be downloaded or otherwise exported or re-exported in violation of U.S. laws or regulations controlling export transactions, including (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Jurisdiction, Governing Law and Miscellaneous. You agree that the laws of the State of Indiana, shall apply to all matters regarding the use of this Website. You also agree to submit to the exclusive personal jurisdiction and venue of Allen County, Indiana and the United States District Court for the Northern District of Indiana with respect to such matters. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between you and us with respect to the subject matter of this agreement, and all prior agreements, representations, statements and undertakings are hereby expressly terminated