TERMS AND CONDITIONS OF USE
USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Please read these Terms and Conditions of Use (“Terms” or “Terms and Conditions”) carefully before using the www.hoodmart.com website (the “Website”) operated by North American Kitchen Solutions, Inc. (“NAKS”, “us”, “we”, or “our”). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, purchasers, and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms without modification of the terms and conditions set forth herein. If you disagree with any part of the Terms, then you do not have permission to access the Website.
By creating an account on the Website or purchasing any NAKS products from it, you agree to subscribe to and receive our newsletters, marketing materials, product updates, promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by clicking the unsubscribe link or following the instructions provided in any email we send.
Any information or material you send to NAKS about content presented on the Website including, but not limited to, any reviews or ratings, email communications, or information submitted through the “Contact Us” or “Request a Quote” tab on the Website (collectively, “User Contributions”), will be deemed not to be confidential. By sending us any information or material you grant us an irrevocable, worldwide, license to use, reproduce, distribute, and modify the information or material, and you agree that NAKS is free to use it or them for any purpose whatsoever including using any ideas or concepts. Also, you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Availability, Errors and Inaccuracies.
While we endeavor and use reasonable efforts to update product offerings on the Website, we may experience delays in updating information on the Website or in advertisements on other websites. The information found on the Website or other websites may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on the Website or other websites. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. NAKS also may make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Under no circumstances and under no legal theory shall NAKS be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, use of, payments based on, or the information contained in the Website.
The Website and its original content, features, and functionality, and NAKS’ trademarks, service marks, trade names, and product trade dress, are and will remain the exclusive property of NAKS and its licensors. They are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NAKS. You may not reproduce, copy or redistribute the design or layout of the Website or individual elements on the Website without the express written permission of NAKS. You may not use any of NAKS’ logos or other proprietary graphics to link to the Website without the express written permission of NAKS.
NAKS provides resources to authorized resellers, such as, downloadable images, and/or other related content. Downloading or use of the content by non-authorized resellers is a violation of our intellectual property rights. For authorized resellers, use of our content is on a limited basis, and may be revoked at any time, for any reason, and continued use will be a violation of our intellectual property rights.
Use of Content.
Subject to your compliance with these Terms, you are permitted to access, view and print any content or materials on the Website (collectively, the “Content”) solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NAKS.
Links to Other Websites.
Our Website may contain links to third-party websites or services that are not owned or controlled by NAKS. NAKS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that NAKS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You may use the Website and the Content for lawful purposes and in accordance with these Terms. You agree not to do any of the following:
(a) post, publish, submit or transmit any text, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (b) use, display, mirror or frame the Website, or any individual element within the Website, NAKS’ name, any NAKS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NAKS’ express written consent; (c) access, tamper with, or use non-public areas of the Website, NAKS’ computer systems, or the technical delivery systems of NAKS’ providers; (d) attempt to probe, scan, or test the vulnerability of any NAKS system or network or breach any security or authentication measures; (e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NAKS or any of NAKS’ providers or any other third party (including another user) to protect the Website or Content; (f) attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by NAKS or other generally available third party web browsers; (g) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (h) use any meta tags or other hidden text or metadata utilizing a NAKS trademark, logo, URL or product name without NAKS’ express written consent; (i) use the Website or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; (j) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or Content to send altered, deceptive or false source-identifying information; (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content; (l) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; (m) collect or store any personally identifiable information from the Website or from other users of the Website without their express permission; (n) impersonate or misrepresent your affiliation with any person or entity; (o) violate any applicable law or regulation; or (p) encourage or enable any other individual to do any of the foregoing. NAKS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. NAKS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that NAKS has no obligation to monitor your access to or use of the Website or Content, or to review or edit any Content posted by you, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. NAKS reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any Content posted by you, that NAKS, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website.
Termination; Account Cancellation and Monitoring.
If you breach any of these Terms, NAKS will have the right to suspend or disable your account, at its sole discretion and without prior notice to you. NAKS reserves the right to revoke your access to and use of the Website and Content at any time, with or without cause.
NAKS reserves the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that NAKS deems necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for NAKS; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, NAKS has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS NAKS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.
Limitation of Liability.
NAKS accepts no responsibility for products used improperly. You are responsible for ensuring that the products ordered are suitable for the needs and/or applications for which they are being purchased. In no event shall NAKS or any of its shareholders, directors, employees, partners, agents, suppliers, independent contractors, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The contents of the Website are provided on an “as is” and “as available” basis. NAKS DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE INFORMATION ON THE WEBSITE, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of our Website is AT YOUR OWN RISK.
IN NO EVENT SHALL NAKS OR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, INDEPENDENT CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM NAKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NAKS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NAKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE WEBSITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NAKS FOR ACCESS TO OR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NAKS, THE WEBSITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES AND PRODUCTS PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NAKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, NON-INTERRUPTION OF USE, FREEDOM FROM PROGRAM ERRORS, TITLE, AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, OR MATERIALS ACCESSED THROUGH THE WEBSITE. NAKS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, MATERIALS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website.
WARNING. NAKS’ products are designed and manufactured to provide reliable performance, but they are not guaranteed to be 100% free of defects. Even reliable products will experience occasional failures and this possibility should be recognized by the buyer and all end users. If products are used in life support ventilation systems where failure could result in loss or injury, the buyer and all end users should provide adequate back-up ventilation, supplementary natural ventilation or a failure alarm system, or acknowledge willingness to accept the risk of such loss or injury. DO NOT USE ANY NAKS PRODUCT IN HAZARDOUS ENVIRONMENTS where a fan’s electrical system could provide ignition to combustible or flammable materials unless the unit is specifically built for hazardous environments. It is your responsibility to comply with all local and national safety codes including the National Electrical Code (NEC) and National Fire Protection Act (NFPA).