Terms

By accessing this NKF GCS Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. All documents and information on this Website are protected by applicable copyright and trademark law. Except as specifically permitted herein, no portion of the documents or information on this Website may be reproduced in any form or by any means without the express written consent of NGKF GCS. Nothing on this Website shall be construed as conferring any license under any of NGKF GCS’s or any third party’s intellectual property rights.

Content and Liability Disclaimer

The materials on the NKF GCS Website are provided “as is”. NKF GCS shall not be responsible for any errors or an omission contained on this Website, and reserves the right to make changes anytime without notice. Mention of non-NKF GCS products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by NKF GCS. All NGKF GCS and third party information provided on this Website is provided on an “as is” basis. NGKF GCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS OR SERVICES) PROVIDED ON THIS NKF GCS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall NKF GCS be liable for any damages whatsoever, and in particular NKF GCS shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use this NKF GCS Website, any NKF GCS product or service, this includes damages arising from use of or in reliance on the documents or information present on this NKF GCS Website (including any information posted or placed by anyone other than NKF GCS), even if NKF GCS has been advised of the possibility of such damages.

NKF GCS MAKES NO WARRANTY THAT: (A) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NKF GCS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. NGKF GCS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, COMPUTER VIRUSES, OR THE USE OF THE WEBSITE, PRODUCTS OR SERVICES IN ANY MANNER. IN ADDITION, NKF GCS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON THE NGKF GCS WEBSITE BY YOU.

Information Provided to NGKF GCS Website

Any information provided to NKF GCS in connection with the NKF GCS Website shall be provided by the submitter and received by NKF GCS on a non-confidential basis. Such information shall be considered non-confidential and the property of NKF GCS. By submitting any such information to NKF GCS you agree to a no-charge assignment to NKF GCS of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. NKF GCS shall be free to use such information on an unrestricted basis.

Communication and Activities on Our Site

You agree not to upload, email, post, publish or otherwise transmit through the NKF GCS Website any content that (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of the NKF GCS Website, solicit another user’s password, or otherwise act in a way that interferes with other NKF GCS customers’ use of the NKF GCS Website.

Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the NKF GCS Website are the property of NKF GCS and other parties. Nothing contained on the NKF GCS Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. The following include trademarks or registered trademarks of NKF GCS:  ShowRack and FAST. All other trademarks are the property of their respective registered owners.

Third Party Websites, Content, Products & Services

NKF GCS’s Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of our Site. You agree that NKF GCS is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other policies before you use them. You agree that NKF GCS is not responsible for third party content accessible through our Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that NKF GCS is not responsible for (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that NKF GCS is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the NKF GCS Website, and are fully responsible for all activities that occur under your password(s). You agree to notify NKF GCS immediately of any unauthorized use of your password(s). No data transmission over the Internet can be guaranteed to be 100% secure. Although NKF GCS is committed to protecting your personal information, NKF GCS cannot ensure or warrant the security of any information you send to NKF GCS, and you send such information at your own risk.

Revisions and Errata

The materials appearing on the NKF GCS Website could include technical, typographical, or photographic errors. NKF GCS does not warrant that any of the materials on its Website are accurate, complete, or current. NKF GCS may make changes to the materials contained on its Website at any time without notice. NKF GCS does not, however, make any commitment to update the materials.

Site Terms of Use Modifications

NKF GCS may revise these terms of use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Termination of Use

You agree that NKF GCS may, in its sole discretion and at any time, and for any or no reason, terminate your access and limited license to the Website, any specific product(s) and any account(s) you may have in connection with the NKF GCS Website. Access to and use of the NKF GCS Website may be monitored by NKF GCS.

Control of Our Site

NKF GCS may set limits regarding the services provided through the NKF GCS Website, including but not limited to limits on the amount of storage, the length of time stored materials are retained, and the amount of bandwidth used at any one time. We are not liable for the deletion or loss of any data or other information from the Website.  We may terminate or change your password, account, or use of all or any part of the NKF GCS Website and we may remove any content within the Website without notice and for any reason.  You may not access, download, use or export information (including any software, products or services) contained on this Website in violation of U.S. Export Laws or regulations, or in violation of any applicable laws or regulations.

Indemnity

You agree to defend, indemnify and hold harmless NKF GCS, its subsidiaries and affiliated corporations and entities, or any of their officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of NKF GCS’s Website and/or any product or service.

Privacy Policy and Confidentiality

NKF GCS is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at www.NGKFGCS.com.  With the exception of content of the NKF GCS Website as set out in the Privacy Policy, we will keep your confidential information in confidence. Conversely, to the extent that you learn any confidential information concerning NKF GCS, which is not intended for public disclosure, you will keep that information confidential until it is public, and agree not to use said information outside the scope of these Terms of Use.

General Terms and Applicable Laws

These Terms of Use, as well as any Agreement or Addenda signed by you and NKF GCS, constitute the entire agreement between you and NKF GCS and govern your use of the Website and all products and services, superseding any prior agreements, oral or written, including but not limited to any prior oral or written agreements with NKF GCS, business partner or affiliate. NKF GCS’s failure to enforce any right under the Terms of Use will not waive that right. If any provision of the Terms of Use is invalid, the Terms of Use should be interpreted to affect the intent of the parties, and the remaining provisions will stay in effect. The Agreement entered into is unique to you and NKF GCS, and is not for the benefit of any third party. You must file any claim or suit related to this Website or your use of any product or service, within one year after the claim arises.  This NKF GCS Website is controlled by NKF GCS from its offices in Southfield, Michigan, United States of America. All matters relating to your access to or use of any NKF GCS Website shall be governed by U.S. Federal law or the laws of the State of Michigan, without regard to the conflict of law rules.  Any legal action relating to your use of the NKF GCS Website or any product or service shall be instituted in a state or federal court in Oakland County, Michigan, with the prevailing party entitled to reasonable attorneys’ fees and costs. You and NKF GCS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action.

Equitable Relief

You acknowledge that any violation of this Agreement shall cause irreparable injury to NKF GCS, which damage may be difficult to calculate, and shall entitle NKF GCS to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.

Contact Information

If you have any questions regarding these Terms of Use, our Privacy Policy or any other issue, please contact NKF GCS at (800) 598-9460 or noreply@NGKFGCS.com.