Ownership and Changes to the Site or these Terms
This Site belongs to Nakoma Products LLC. For more information on Nakoma Products and its products, click here. We may at any time, modify or discontinue this Site or specific portions of it. Nakoma Products also may terminate or suspend your access to or use of the Site as a whole or in part at any time, with or without cause or notice to you. We also may change or revise these Terms from time to time so please review the Terms each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site will be considered your agreement to be bound by the then-current Terms.
We want the Site to be enjoyable to all users. Therefore, as a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms. By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Download information posted by a third party, knowing or reasonably knowing it is illegal in any nature;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- Use any devise to retrieve any portion of the Site or collect information about users for any unauthorized purpose;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- Post any materials that violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
Use of Site Materials
Nakoma Products owns the copyright for all of the materials and content it places on the Site or has a valid right from a third party to use such materials and content. Nakoma Products also owns or has a valid right to use all trademarks, service marks, and trade names it places on this Site. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Nakoma Products’ copyright and other proprietary rights. The use of any such material on any other Site or computer network without Nakoma Products’ written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this Site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Nakoma Products, is strictly prohibited.
By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at [email protected] or by using the unsubscribe functions at the bottom of our communications.
Scope of Site and Age of Users
Nakoma Products controls and operates this Site from within the United States of America. Unless otherwise specified on or by this Site, this Site is directed to those individuals and entities located in the United States and is intended to promote only those Nakoma Products products that are sold by Nakoma Products in the United States and its territories. Nakoma Products makes no representation that materials in this Site or the products described on the Site are appropriate or available for use in other locations. All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site. This Site and the content contained herein is not targeted to children. If you are 13 or younger you should not use this Site. If you are under the age of majority in the location where you live, you should not post any content or submissions to this Site.
Links to Other Sites
Contents of the Site
The materials provided by Nakoma Products in this Site (including any graphics, software, recommendations or other materials) and any materials made available through this Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Nakoma Products disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nakoma Products does not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Nakoma Products undertakes no obligation to verify or maintain the currency of such information.
Operation of the Site
Nakoma Products endeavors to maintain this Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation. As to the operation of the Site, Nakoma Products expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Nakoma Products makes no warranty that (i) the operation of the Site will meet the user’s requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Nakoma Products) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.
Limitation of Liability
Under no circumstances shall Nakoma Products be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Site or information available in the Site. Nakoma Products shall not be liable even if Nakoma Products or a Nakoma Products authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Nakoma Products’ total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Infringement Notification Procedure.
If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Such information should be sent to [email protected]. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you have your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counter-notice containing the following information to [email protected]:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Nakoma Products, Nakoma Products may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Nakoma Products’ sole discretion.
Nakoma Products may from time to time monitor or review discussions, chats, postings, and other transmissions on this Site. However, Nakoma Products is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Nakoma Products will fully cooperate with any law enforcement authorities or court order requesting or directing Nakoma Products to disclose the identity of anyone posting any such information or materials. Nakoma Products may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nakoma Products, its customers or the public.
Applicable Law; Jurisdiction
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) or the Site will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms (whether for breach of contract, tortious conduct or otherwise) or the Site will be brought exclusively in court of competent jurisdiction located in Illinois, and you hereby accept and submit to the personal jurisdiction of such Illinois courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms.