National Nail Website Terms and Conditions of Use

You should read these Terms and Conditions of Use (“Terms”) carefully. Your access to and use of this website (“Site”) are governed by these Terms, which are a legally binding contract between you and National Nail Corp. (“National Nail”). In addition, when using a particular service and/or accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms and govern any conflict or inconsistency with these Terms.

 

Use of the Site & Amendment to Terms

By accessing the Site, you warrant and represent to National Nail that you are legally entitled to do so and to make use of information made available via the website. National Nail reserves the right to change these Terms and any of its other terms, conditions and rules relating to the Site at any time. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

 

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of National Nail. National Nail and/or its licensors own and shall retain all rights, title and interests, including all trademarks and other intellectual property rights, in and to the Site, and all elements thereof. National Nail and its licensors grant to you a personal, non-exclusive, non-transferable right to access, view, download, print, use and display the trademarks solely for your own informational and non-commercial use. Except as specifically set forth in these Terms, nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of National Nail.

 

Third-Party Service Providers; External Links

National Nail may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms, inure to the benefit of any third party service providers engaged by National Nail. All references to National Nail are deemed to include its agents and service providers.

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

 

Prohibited Behaviors

Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:

 

1. 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.
2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
3. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
4. Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

 

In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, including data protection and privacy laws.

 

Disclaimer of Warranties

THIS SITE, INCLUDING ALL MATERIALS, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED BY NATIONAL NAIL “AS IS”, AND National Nail makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Site, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. 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. NATIONAL NAIL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.

 

Limitation of Liability

National Nail shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over national nail’s system.

 

In particular, neither NATIONAL NAIL nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

 

Indemnity

You agree to indemnify, defend and hold harmless National Nail, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

 

Conflict of Terms

If there is a conflict or contradiction between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.

 

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

Applicable Laws (choice of venue and forum); Waiver

Use of this Site shall in all respects be governed by the laws of the state of Michigan, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Michigan courts located in Kent County, Michigan, shall have exclusive jurisdiction over all controversies arising under these Terms and agree that venue is proper in those courts.

 

The failure of National Nail to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by National Nail in writing.

 

How to Contact Us

If you have questions about these Terms or our products generally, please contact us as follows:

 

National Nail Corp.

2964 Clydon SW

Wyoming, MI 49519

United States of America

Email: [email protected]

Phone: 616-538-8000