TERMS AND CONDITIONS
Last Updated: March 25, 2013
- Site Contents. The text, images, graphics, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Access to and use of the Site is solely for personal, non-commercial use. No right, title or interest in any of the contents of the Site is transferred as a result of any downloading, copying, printing or use of the Site.
- Trademarks. All product and service marks, trademarks, slogans, and logos displayed on the Site are trademarks of NoIR, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NoIR or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark.
- Links to Other Websites. The Site may include links to other sites on the World Wide Web, the Internet, or other sources of information. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge and agree that NoIR shall not be responsible for any information or additional links found at such site or location, or for your use of such information. Outside links are provided only as a courtesy, and NoIR has not endorsed, tested or verified any information or programs found at such sites.
- Hyperlinks. You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
- Registration, Accounts, and Passwords. Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose, and for all activities that occur under such password or account identifiers. You agree to promptly notify NoIR of: (i) any loss of your password or account identifiers, and (ii) any unauthorized use of your password or account identifiers. NoIR will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
- Interactive Areas and User Contributions. Certain areas of the Site may include user reviews, discussion forums, blogs, or other interactive areas or community features (“Interactive Areas”), that may allow you and other users to submit product reviews, comments, questions, feedback, ideas, suggestions or other information via the Site or otherwise (“Contributions”). You are solely responsible for your use of Interactive Areas of the Site and for any Contributions that you post, both of which are done at your own risk. NoIR takes no responsibility and assumes no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although NoIR has no obligation to monitor or screen Contributions posted in any Interactive Area, we reserves the right to edit or remove any Contributions on the Site at any time and for any reason without notice.
By posting Contributions, you grant NoIR a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, and display such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize. You also waive all moral rights in and to your Contributions in favor of us, our successors, assigns and licensees. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
- Contribution Guidelines. By using the Site, you agree that your Contributions and use of Interactive Areas will comply with all applicable laws, and will not:
- contain any material which is defamatory of any person, obscene, pornographic, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
- contain viruses, corrupted data, or other harmful, disruptive, or destructive files;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person, all as determined in our sole discretion;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that it emanates from us, if this is not the case; and/or
- contain anything that, in the sole determination of NoIR, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose NoIR or its users to any harm or liability of any kind.
Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in NoIR’s sole discretion, constitutes a material breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorney’s fees; and/or (iv) disclosure of information to law enforcement authorities.
- Copyright and Intellectual Property Infringement Complaints
Infringement Policy. NoIR respects the intellectual property of others, and we expect all users of the Site to do the same. Allegedly infringing materials on the Site may be removed or suspended in accordance with these Terms. Repeated infringement by a user of the Site may, in appropriate circumstances, result in a termination of that user’s access to and use of the Site.
Notification to NoIR. If you believe that anything posted on the Site infringes any copyright that you own or control, please provide NoIR’s Copyright Agent with the following written information required under the Digital Millennium Copyright Act (DMCA):
- Name, address, telephone number, e-mail address, and physical or electronic signature of the copyright owner, or someone authorized to act on his/her behalf;
- A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, with enough detail that NoIR may find it;
- A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
NoIR’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached by e-mail or as follows: General Counsel
NoIR 6155 Pontiac Trail
South Lyon, Michigan 48178
- Indemnification. You agree to defend, indemnify and hold harmless NoIR, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site (including, without limitation, any Contributions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any Contributions, your conduct, your violation of these Terms or any other NoIR terms, policies or agreements available on or through the Site, or your violation of the rights of any third party.
- Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENTS OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NoIR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NOIR DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH NOIR ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.
- Limitation on Liability. BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE; AND (3) THAT NOIR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NOIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOIR RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
- Choice of Law and Forum. The Site is controlled and operated by NoIR from its offices in South Lyon, Michigan, and these Terms shall be governed by and interpreted in accordance with the laws of the State of Michigan, without giving effect to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site may be brought only in a federal or state court, having jurisdiction of the subject matter, and you irrevocably consent that such court shall have personal jurisdiction over you and waive any objection that the court is an inconvenient forum.
- Severability. If any provision of these Terms is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms, which shall remain unaffected.
- Complete Agreement. These Terms constitute the entire agreement between you and NoIR relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.
- Termination. Notwithstanding anything in these Terms or on the Site, NoIR reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by NoIR.
- Contact Us. Questions or comments about the Site may be directed to us by: (i) e-mailing Consumer Relations, (ii) calling us at 1-800-521-9746, or (iii) writing us at the following address with your message:
6155 Pontiac Trail
South Lyon, Michigan 48178
Please be sure to include in any e-mail or postal mail your full name, e-mail address, postal address, and any message.