Terms and Conditions of Use
This website, including any subsite accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of NIKADA, Inc. ("NIKADA"). Please note that when you enter any subsite accessible through this homepage, such subsite may have its own terms and conditions of use, which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
The following terms, conditions, restrictions, rules and regulations ("Terms") apply to all current and future users of this website, which is proprietary to NIKADA. By accessing this website, you acknowledge and agree to be bound by and comply with these Terms; if you do not agree with these Terms, you may not use this website. NIKADA reserves the right, from time to time and without notice, to change these Terms, so please review these Terms prior to each use of this website. NIKADA reserves the right to seek any and all remedies available at law or in equity for any violations of these Terms.
NIKADA may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
NIKADA's Right to Change These Terms and Conditions of Use or Content on the Site
NIKADA may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. NIKADA may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Copyright, Ownership and Restrictions on Use
THIS WEBSITE AND THE CONTENTS HEREOF ARE PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS AND ARE THE SOLE PROPERTY OF NIKADA. EXCEPT AS EXPRESSLY PROVIDED IN THE NEXT PARAGRAPH, NO PORTION OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN MAY BE USED, COPIED, REPRODUCED, PUBLISHED, TRANSMITTED, DISTRIBUTED OR MODIFIED, IN ANY FORM OR BY ANY MEANS, NOR MAY DERIVATIVE WORKS BE MADE THEREOF, WITHOUT THE PRIOR WRITTEN PERMISSION OF NIKADA.
All website design, text, graphics, and the selection and arrangement thereof, are the sole property and copyright of NIKADA, ALL RIGHTS RESERVED. NIKADA hereby authorizes you to copy materials published by NIKADA on this website solely for your personal, non-commercial use. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with NIKADA or using this website as a shopping resource. No other use of the content of this website is authorized. Without limiting the foregoing, you are not permitted to use, copy, reproduce, publish, transmit, distribute or modify, or create derivative works of, any material found on this website for any public or commercial purposes. Any other use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of NIKADA is strictly prohibited. In consideration of this limited authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of NIKADA or any third party.
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, NIKADA is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Copyrights for the photographs reproduced herein is vested with the individual photographers or NIKADA, and may not be reproduced in any form without prior permission from the creators.
You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Trademarks
NIKADA and other mentioned NIKADA products and services are trademarks of the NIKADA, Inc. They may be registered in certain jurisdictions in the name of NIKADA, Inc., Digital Advancement Technology, Inc., or Digital Advancement Technology, LLC. All page headers, custom graphics and button icons, are service marks, trademarks, and/or trade dress of NIKADA.
All other trademarks, product names, and company names or logos cited herein, are the property of their respective owners.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although NIKADA may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions, and the like on the Site, NIKADA is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. NIKADA may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate NIKADA's policies in any way. NIKADA will fully cooperate with any law enforcement authorities or court order requesting or directing NIKADA to disclose the identity of anyone posting such materials.
NIKADA's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way NIKADA uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by NIKADA anywhere in the world, in any medium, forever. Furthermore, NIKADA is free to use, without any compensation to you, any concepts, ideas, 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. However, you agree and understand that NIKADA is not obligated to use any such ideas or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. While there may be a special notice that a particular message (for example, credit card information) is encrypted (sent in code), no guaranties are provided that the encryption may not be broken or violated. NIKADA shall have no responsibility for the misappropriation of any information by third parties. Sending a message to NIKADA does not cause NIKADA to have any special responsibility to you.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local NIKADA authorized representative for the availability of specific products and services in your area. A list of NIKADA authorized representatives can be located on http://www.nikada.com.
Links to Third Party Websites/Mention of Third Party Products
This website may contain links to third party websites. These links are provided solely as a convenience. NIKADA does not endorse any third-party websites. Access to any other website through any links provided on this website is at your own risk and NIKADA is not responsible for the content of any such website or the accuracy or reliability of any information, data or other contents thereof.
Mention of non-NIKADA companies, products or services is for information purposes only and constitutes neither an endorsement nor a recommendation of any such companies, products or services.
NIKADA disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website, including subsites accessible through this Site.
Access to Certain Areas
Access to certain pages or areas on this website may be restricted to authorized users only. Unauthorized persons attempting to access any such pages or areas may be subject to prosecution.
Indemnification
You agree to indemnify, defend, and hold NIKADA and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in NIKADA's defense of any claim. NIKADA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NIKADA.
Disclaimer of Warranties and Damages; Limitation of Liability
NIKADA IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. NIKADA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NIKADA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS (1) ACCURATE, COMPLETE OR CURRENT; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRODUCT SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ACTUAL PRODUCT MAY DIFFER IN APPEARANCE FROM IMAGES SHOWN. NIKADA MAY CHANGE OR DISCONTINUE ANY SERVICES, PROGRAMS OR PRODUCTS MENTIONED AT ANY TIME WITHOUT NOTICE. NEITHER NIKADA NOR ANY OF ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NIKADA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT OR REVENUE, COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF NIKADA OR A NIKADA AUTHORIZED REPRESENTATIVE OR NIKADA SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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. IN NO EVENT SHALL NIKADA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $0.01.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between NIKADA and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
NIKADA's Online Privacy Policy
At NIKADA, we are committed to respecting and protecting the privacy of our customers. When you visit NIKADA's Web site, you may send us information about yourself or your company, such as your name and address, and that we may need to correspond with you or use in a survey. We recognize your need to control personal information you share with us. NIKADA uses your information to better understand your needs and provide you with better service.
If you choose to provide us with this information, be assured that NIKADA will not intentionally distribute or sell that information to anyone outside the NIKADA organization without your permission to do so. By using our Web site, you do consent to NIKADA's collection and use of the information you send. You understand that information transmitted over public networks may be accessed by third parties, and NIKADA will not be liable for any such unauthorized disclosure. Further, you understand that NIKADA may, at its discretion, use third-party service providers to administer Web servers and to store such information on back-up disks, and that a service provider may without NIKADA's knowledge permit an unauthorized third party to do so on its behalf.
Information Request
There are instances on our web site where we ask you to provide personal information such as name, address, phone number, email address, and business information. This type of information will improve your website experience or allow NIKADA to follow-up with you after you visit our site.
Other Important Privacy Issues
NIKADA will not sell your personally identifiable information to others, but we may share your information with NIKADA entities and/or business partners to support your customer relationship with us, and for us to serve your needs. The information you provide will not be sold, but may be shared within or among business partners to support your customer relationship with us. NIKADA will use this information for:
1. Personal Acknowledgements
2. Personalized Messages
3. Pre-filled Forms
4. Sending targeted e-mails to alert you to product upgrades, special offers, updated information and other new services. In the event that you are not interested in email alerts, you will have the opportunity to decline this service by clicking the "unsubscribe" link in the email.
Cookies
A 'cookie' is a text-only string of characters that is temporarily stored in your computer's memory. Our cookies are time sensitive. If the expiration of a cookie is set to be longer than the time you spend on a site, then this string is saved in a 'cookie' on your hard drive for future reference, otherwise it disappears from your computer when your browser is closed. Cookies such as we use cannot retrieve information from your computer's hard drive, destroy files, or send viruses.
When a cookie is placed on your hard drive, it does not allow access to your personal information although it may be used to identify your computer. NIKADAUSA.com uses cookies to track the pages that a user visits so that information can be customized to the visitor on a session-by-session basis, and so that future visits may be enhanced. It is a quick and convenient means of keeping site content fresh and relevant to the viewer.
Consent to Collection and Processing of Information
By providing any personal information to the NIKADA websites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this privacy policy will govern the use and any information collected while it is in place. NIKADA reserves the right to change this policy at any time, so please re-visit this page as often as you wish. In case of any material change, we will make a notation near the "Privacy Policy" link on the home page of our Site. Changes to this privacy policy are effective at the time they are posted to this Site, and your continued use of this Site after posting will constitute acceptance of, and agreement to be bound by, those changes.
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