TERMS & CONDITIONS page states the terms and conditions under which you may use the
nienkämper.com web site (the "Web Site"). Please read the
following carefully. If you do not accept the terms and conditions stated
here (the "Terms and Conditions"), do not use this Web Site and
service. By using this Web Site, you are indicating your acceptance to be
bound by the terms of these Terms and Conditions. Nienkämper [Corporation]
("Nienkämper") may modify, revise or update 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. The terms "You" and "User" as used herein refer
to all individuals and/or entities accessing this Web Site for any reason.
USE OF MATERIAL
The contents of this Web Site, such as text, graphics, images, logos, button
icons, software and other material (collectively, the "Material"),
are protected under both Canadian and foreign copyright, trademark and other
laws. All Material is the property of Nienkämper or its affiliated
corporations, content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on this Web Site is
the exclusive property of Nienkämper and protected by Canadian and
international copyright laws. Unauthorized use of the Material may violate
copyright, trademark and other laws. You must retain all copyright, trademark,
service-mark and other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify the Material
or reproduce, display, publicly perform, distribute or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other web site or in a networked computer environment for
any purpose is prohibited.
You shall not copy or adapt the HTML code that Nienkämper creates to
generate its pages. It is also protected by Nienkämper's copyright.
ACCEPTABLE SITE USE.
General Rules. Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret
or other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or attempting
to violate the security of the Web Site, including, without limitation:
(a) accessing data not intended for such user or logging into a server or
account which the user is not authorized to access; (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbooming" or "crashing";
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services; or (e) forging TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Violations
of any system or network security my result in civil or criminal liability.
Nienkämper will investigate occurrences which may involve such violations
and may involve and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
SPECIFIC PROHIBITED USES
Individuals wishing to contact representatives and thereby order Nienkämper's
products may use the Web Site only for lawful purposes. Nienkämper
specifically prohibits, and all users agree not to use the Web Site, for
any other use of the Web Site including the following:
Posting any incomplete, false or inaccurate biographical information
which is not your own.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to
interfere with the proper working of this Web Site or any activity being
conducted on this site, including the creation of links to or from the Web
Taking any action which imposes an unreasonable or disproportionally
large load on this Web Site's infrastructure.
If you have a password allowing access to a non-public area of this
Web Site, disclosing or sharing your password with any third parties or
using your password for any unauthorized purpose.] [Note to draft: Relevant
once e-commerce is implemented.
Notwithstanding anything to the contrary herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism (including,
without limitation, browsers, spiders, robots, avatars or intelligent agents)
to navigate or search this Web Site other than the search engine and search
agents available from Nienkämper on this Web Site and other than generally
available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up part of the Web Site.
When you contact a representative listed on the Web Site, you may be asked
to provide and/or confirm with Nienkämper certain information including,
without limitation, a valid e-mail address (your "Information").
In addition to the terms and conditions that may be set out in any privacy
policy on this Web Site, you understand and agree that Nienkämper may
disclose to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. As Nienkämper believes
in protecting your privacy, it will not disclose to any third party your
name, address, e-mail address or telephone number without your prior consent,
except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is required. Subject
to the right to withdraw your consent, Nienkämper reserves the right
to offer third party services and products to you based on the preferences
that you identify in your registration and at any time thereafter; such
offers may be made by Nienkämper or by third parties.
The Material may contain inaccuracies or typographical errors. Nienkämper
makes no representations about the accuracy, reliability, completeness,
or timeliness of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. Changes are periodically made to the Web
Site and may be made at any time.
NIENKÄMPER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NIENKÄMPER
IS NOT RESPONSIBLE FOR THOSE COSTS.
[EXCEPT FOR THE LIMITED PRODUCT WARRANTY DESCRIBED BELOW, ]THE WEB SITE
AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. NIENKÄMPER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NIENKÄMPER MAKES
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL NIENKÄMPER, ITS SUPPLIERS, OR ANY THIRD OR AFFILIATED
PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT NIENKÄMPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these
Terms and Conditions. You also agree not to make any unauthorized commercial
use of the Web Site.
Nienkämper reserves the right, at its sole discretion, to pursue all
of its legal remedies and cause the immediate termination of your ability
to access the Web Site and/or any other service provided to you by Nienkämper,
upon any breach by you of these Terms and Conditions or if Nienkämper
is unable to verify or authenticate any information you submit to the Web
You agree to defend, indemnify, and hold harmless Nienkämper, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or your breach of the
terms of these Terms and Conditions. Nienkämper shall provide notice
to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
If any provision of these Terms and Conditions are found to be invalid by
any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver of
any term of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term.
USE BY CHILDREN
Children are not eligible to use our services and we ask that minors (under
the age of 18) do not submit any personal information to us. If you are
a minor, you can use this service only in conjunction with your parents
The Web Site is controlled from within the Province of Ontario, Canada.
It can, however, be accessed from all other places around the world. Although
these places may have different laws from those of the Province of Ontario,
by accessing this Web Site, you agree that the laws of the Province of Ontario
will apply to all matters relating to your use of this Web Site, without
regard to rules relating to conflict of laws. Nienkämper makes no claims
that the Materials may be lawfully viewed or downloaded outside of Canada.
Access to Materials may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of Canada, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
This Web Site may contain links to third party or affiliated web sites.
These links are provided solely as a convenience to you and not as an endorsement
by Nienkämper. Nienkämper is not responsible for the content of
linked third-party or affiliated sites and does not make any representations
regarding the content or accuracy of materials on such third party or affiliated
sites. If you decide to access linked third party or affiliated web sites,
you do so at your own risk.
There are no express or implied warranties, conditions and obligations of
Nienkämper, whether statutory or otherwise, that extend beyond what
is stated herein. Our products are made to the highest standard and are
warranted free from defects of material and workmanship for five years from
the date of delivery. During the warranty period, we will repair or replace
such merchandise as shall prove to be defective, during normal usage in
accordance with Nienkämper's specifications. Nienkämper shall
not be liable for defects wholly attributable to the normal manufacturing
process. Replacement or repair of the products shall be the sole remedy
of the customer, and Nienkämper shall not be liable for any direct,
indirect, incidental or consequential loss or damage suffered by the customer
by reason of any defect in workmanship or manufacture of the product or
inability to use the product. Moreover, this warranty does not cover accidental
damage, abuse, alteration, ordinary wear and tear of goods, negligence and
misuse nor variations over which we have no control such as heat or humidity
or damage to which the goods are connected that is not attributable to the
failure of the goods themselves. This warranty is null and void when the
product is installed with hardware other than that supplied and/or when
installed differently than recommended in the installation guide. Modification
to the produce or hardware may result in failure of the product and cause
damage and/or injury.]