Terms of Use
These Terms of Use apply to Nelco Solutions' websites, portals, and related sites (collectively, “Site”). This Site is owned and operated by Nelco Solutions (“Nelco Solutions,” “we,” or “us”). You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Nelco Solutions. In addition, when using a particular service and/or accessing certain areas of the Site, you are subject to any additional posted terms, conditions, and rules, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Nelco Solutions reserves the right to make changes to the Site and/or the Terms of Use at any time, effective immediately upon posting to the Site.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.
Intellectual Property
Through this Site, Nelco Solutions may make available to you: (a) certain audio and visual text, information, images, videos, documents and other materials (collectively, “Materials”); and (b) various services, tools, software, and functionality (collectively, “Services”). In these Terms of Use, all references to the Site shall be deemed to include all Materials and Services unless otherwise expressly indicated. Nelco Solutions and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Nelco Solutions and its licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. All rights not expressly granted by Nelco Solutions to you are retained by Nelco Solutions, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which may not be copied or imitated in whole or in part.
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Nelco Solutions or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Nelco Solutions' name or trademarks without our express written consent. Our trademarks cannot be used without an express, written license agreement. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nelco Solutions.
Site Access
As a condition to using certain aspects of the Site, you may be required to register with Nelco Solutions and/or your employer or other issuing organization, and provide us or them with certain information. You represent and warrant that you will provide accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms of Use. You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your login information. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact Nelco Solutions immediately if you suspect unauthorized use of or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your login credentials. Nelco Solutions may justifiably assume that any orders or instructions provided under your account were placed or authorized by you.
Prohibited Use
You agree that you are only authorized to use the Site for your own personal use, and not for a commercial purpose except as expressly authorized by Nelco Solutions in writing. Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and take other appropriate measures to enforce these Terms of Use. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:
Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Site.
The unauthorized access, monitoring, collection, or use of data, systems or networks.
Providing inaccurate, incomplete, untrue, fraudulent or misleading information or providing information that may infringe or otherwise violate any law or privacy, intellectual property, or other personal or proprietary rights.
Offensive activities such as harassment or transmitting content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
Sharing or disclosing any user identification, password or access links to this Site.
Consent to Collection and Use of Data
You agree that Nelco Solutions may track and gather data regarding your use of the Site and our products and services (“Usage Data”). Usage Data may be automatically transmitted to Nelco Solutions by the Site. You hereby authorize and consent to the collection, storage and use of Usage Data by Nelco Solutions and its agents and third-party service providers. You may also provide Nelco Solutions with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”). You acknowledge and agree that Nelco Solutions retains sole and exclusive ownership of all right, title and interest in and to all Usage Data and Feedback, and you shall have no rights to retain or use any of the Usage Data. Nelco Solutions may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identifies you before sharing Usage Data with third parties. Nelco Solutions will be the owner of, and free to use such Feedback for any purpose without restrictions.
Disclaimer of Warranties and Limitation of Liability
THIS SITE, INCLUDING ALL MATERIALS, SERVICES, AND OTHER INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NELCO SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NELCO SOLUTIONS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND CONTINUED AVAILABILITY, AND NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. NELCO SOLUTIONS DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT THE SITE, COMMUNICATIONS SET FROM NELCO SOLUTIONS, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE NELCO SOLUTIONS, AND ITS LICENSORS AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER
UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH NELCO SOLUTIONS MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL NELCO SOLUTIONS, ITS LICENSORS, OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. IN ANY EVENT, NELCO SOLUTIONS' LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE GREATER OF $50 USD OR THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM GIVING RISE TO THE CAUSE OF ACTION. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. NELCO SOLUTIONS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF NELCO SOLUTIONS' CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third Party Sites
When you are on the Site, you could be directed to other sites that are beyond Nelco Solutions' control. Hypertext links to third party sites or information are provided solely for your convenience, and do not constitute or imply an endorsement, sponsorship, or recommendation by Nelco Solutions of the third party, the third-party site, or the information contained therein unless expressly stated on the Site. You acknowledge and agree that Nelco Solutions is not responsible for the availability of any such sites and that Nelco Solutions does not endorse or warrant, and is not responsible or liable for, any such site or the content thereon. If you decide to access any third party sites linked to this Site or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services or any form filing through the Site. This includes, but is not limited to, tax laws, data privacy laws, and export control laws regulating the export and re-export of technology originating in the United States.
Indemnification
You understand and agree that you are personally responsible for your actions when using the Site, including costs incurred to Internet access and verifying the accuracy and completeness of your information. You agree to indemnify, defend and hold harmless Nelco Solutions, its affiliates, licensors, employees, agents, licensors, and service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, or any violation by you of these Terms of Use or other posted terms related to the Site.
Termination
Nelco Solutions may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law and Waiver
By visiting the Site, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Nelco Solutions. You expressly agree that any litigation or dispute related to the Site or these Terms of Use shall be brought in any state or federal court located in Kent County, Michigan, and you hereby irrevocably agree and consent to the exclusive jurisdiction of the state and federal courts sitting in the state of Michigan.
The failure of Nelco Solutions to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nelco Solutions in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.