Terms & Conditions of Use Agreement
THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS INTERNET SITE. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED TO, USE THIS SITE. NORDIC NEEDLE MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU WHEN YOU USE THIS SITE.
- Limited License to Use. Nordic Needle, Inc. hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the nordicneedle.com online service and all public pages of the nordicneedle.com domain (the "Internet Site") operated by Nordic Needle provided, and expressly conditioned upon, your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms and Conditions of Use Agreement (this "Agreement"). You hereby acknowledge and agree as follows:
- The Internet Site. The term Internet Site shall be deemed to include all areas, pages and any subscription or any other software, product, service, data, or information provided by Nordic Needle, Inc. or third-parties (collectively referred to herein as "Information") on the nordicneedle.com Internet domain. From time to time, Nordic Needle, Inc. may display or allow third parties to display Information on the Internet Site, including, but not limited to, products, referrals or recommendations of distributors or other vendors, project guides, and other Information pertaining to the content of the site. Nordic Needle, Inc. does not guarantee the availability, accuracy or reliability of any such Information or endorse the products or services of any third party. Nordic Needle, Inc. shall not be liable, directly or indirectly, for any loss or damage arising out of your use or reliance upon any of the Information or the products featured on the Internet Site, regardless of whether the Information was created by Nordic Needle, Inc. or a third party.
- Ownership and Use. Copyright 2015 Nordic Needle, Inc. All rights reserved. The Information is the valuable, exclusive property of Nordic Needle, Inc. and nothing in this Agreement or on the Internet Site shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted by this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Nordic Needle, Inc.'s prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. Nordic Needle, Inc. and its associated logos, and all page headers, marks, tradenames, custom graphics, buttons, and icons on the Internet Site are service marks, trademarks, or copyrighted materials of Nordic Needle, Inc. or its licensors. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the Information received or accessed through the Internet Site pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in writing by Nordic Needle, Inc., you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Internet Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. You agree to use the Internet Site and Information for lawful purposes only. You agree not to post or transmit any information through the Internet Site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to Nordic Needle, Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Internet Site or any e-mail sent by you to Nordic Needle, Inc. (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed.
Nordic Needle, Inc. may add, withdraw or modify Information within the Internet Site or services provided through the Internet Site at any time in its sole discretion. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
- Linking. You may not link to any page within the Internet Site without the prior written authorization of Nordic Needle, Inc.. You may not use any of Nordic Needle, Inc.'s or its licensor's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Nordic Needle, Inc.; 2) cause confusion, mistake, or deception; 3) dilute Nordic Needle, Inc.'s or its licensor's trademarks, service marks or other intellectual property; or 4) otherwise violate state or federal law.
- Delays in Services. Neither Nordic Needle, Inc. nor any of its licensors (including its and their employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Nordic Needle, Inc. shall have no responsibility to provide you access to the Internet Site.
- Monitoring. You acknowledge that Nordic Needle, Inc. reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Internet Site. Nordic Needle, Inc., in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which Nordic Needle, Inc. deems inappropriate (such as that specified in Section 3) or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Internet Site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Internet Site will be prosecuted to the full extent of the law.
- Equipment and Operation. You shall provide and maintain all telephone and other equipment necessary to access the Internet Site, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall reimburse Nordic Needle, Inc. for any such costs incurred by Nordic Needle, Inc. due to use of the Internet Site by you; such reimbursement shall be billed to you and payable to Nordic Needle, Inc. within 10 days of receipt of the bill. You are responsible for operating your own equipment and for familiarity with the Information used with or available through the Internet Site. Nordic Needle, Inc. reserves the right to refuse assistance or to charge additional fees if you seek assistance from Nordic Needle, Inc. with respect to such Information or any other matters not directly relating to the operation of the Internet Site.
- Limited Warranty and Liability. You acknowledge that the Information and links provided through the Internet Site are compiled from sources which are beyond the control of Nordic Needle, Inc.. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Nordic Needle, Inc. does not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET SITE AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. NORDIC NEEDLE, INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, NORDIC NEEDLE, INC. DOES NOT REPRESENT OR WARRANT THAT THE INTERNET SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this Agreement, you assume all risk of errors and/or omissions in the Information, including the transmission or translation of Information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Information and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. YOU AGREE THAT NORDIC NEEDLE, INC. (INCLUDING ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE INFORMATION FOR ANY PURPOSE WHATSOEVER.
- Viruses. You acknowledge and agree that Nordic Needle, Inc. will use reasonable efforts to assure that no viruses or programs with similar functions operate on, or are passed through the Internet Site or the Information. However, you hereby assume all responsibility (and thereby hold Nordic Needle, Inc. harmless), by whatever means you deem most appropriate for your needs for detecting and eradicating any virus or program with a similar function.
- FTC Notice. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Indemnification. YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NORDIC NEEDLE, INC. (INCLUDING ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE INTERNET SITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE INTERNET SITE AND ANY LOSSES, COSTS, DAMAGES, PERSONAL INJURY OR OTHER EXPENSES ARISING OUT OF YOUR USE OF THIS INTERNET SITE, OR YOUR USE OF OR RELIANCE UPON THE INFORMATION.
- Privacy. Nordic Needle, Inc. does not collect any personal information about you except when you expressly provide it. Nordic Needle, Inc. will not transfer identifying information about you to any other party unless otherwise stated at the time of collection. Nordic Needle, Inc. can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. Nordic Needle, Inc. will use any personally identifying information of children only for editorial participation and feedback purposes and will not transfer it to third parties. Nordic Needle, Inc. may place a "cookie" in the browser files of your computer. Such cookie does not contain any personally identifying information.
- No Conflicting Terms. If there is any conflict between this Agreement and any help text, manuals or other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any employee, affiliate, agent, representative or subcontractor of Nordic Needle, Inc..
- Attorney's Fees. If Nordic Needle, Inc. takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Nordic Needle, Inc. shall be entitled to recover from you (and you agree to pay), in addition to all sums to which Nordic Needle, Inc. is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
- Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the State of North Dakota, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Internet Site or the Information contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state and Federal courts located in Cass County, North Dakota, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of North Dakota as your agent for service of process. You hereby waive any objection and the right to raise any future objection that the state or Federal courts of Cass County, North Dakota are an inconvenient forum for the resolution of any dispute or claim arising under this Agreement.
- Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
- Entire Agreement. This Agreement is complete and effective at the time you agree to it by using this Internet site, and this Agreement constitutes the entire agreement between you and Nordic Needle, Inc. concerning the subject matter hereof, and no other agreement, written or oral, exists between you and Nordic Needle, Inc..