TERMS AND CONDITIONS
This document was last updated on April 24, 2020.
Terms of Service For nkessential.com
ACKNOWLEDGMENT OF TERMS.
You acknowledge that you have read the terms and conditions of use and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site.
USE OF INFORMATION COLLECTED.
nkessential.com may monitor your use of this Site, and may use the information gathered to improve service and enhance the Site. CHANGES TO TERMS. nkessential.com reserves the right at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Site.
CHANGES TO SITE.
nkessential.com may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content. nkessential.com may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
By using the Site and logging in, you represent and warrant that you have the right, authority and capacity to agree to build a website on behalf of the individual you are creating a website for. You are also subject to these Terms and must abide by all of the terms and conditions herein. If you are acting without permission to create a website for the individual you created a website for, the individual you created a website for can legally file charges against you. NK Software Solutions, LLC (as well as nkessential.com) cannot be held liable or responsible for your actions. All legal charges are solely yours. Our services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18).
FEATURE DEVELOPMENT NOTICE.
The design of the Site, its Services and Features may be changed, enhanced or modified at any time without prior notice, and nkessential.com does not guarantee that compatibility of our Site or website can or will be maintained with subsequent versions of Site or the website, that may become generally available from nkessential.com. nkessential.com reserves the right to withdraw any Site or part of the Site without prior notice. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Site User remains solely responsible for the design of the Site User's results. IN NO EVENT WILL nkessential.com BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY THE SITE USER BASED ON A THIRD PARTY CLAIM. The Site may not be at the level of performance, compatibility or safety of generally available nkessential.com services or comparable services. The Site User understands and agrees that nkessential.com Software makes no representation or warranties regarding use of the Site. The Site User shall have sole responsibility for adequate protection and backup of their data or equipment used in connection with the Site and the Site User shall not claim against nkessential.com for lost data or any other damages arising from use of the Site.
INFORMATION PROVIDED BY USERS.
You are responsible for providing approved, accurate, current and complete information in connection with your registration for use of the Site. nkessential.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. Your covenant that your use of the Site, including but not limited to the Content you publish or display (hereinafter, "post") on the Site, will be in accordance with any and all applicable laws and regulations.
You are solely responsible for any Content, messages, photos, videos, reviews or profiles that you publish, display or post on the Site, or transmit to other users of the Site or through the Mobile Application you create. You will not post on the Site, or transmit to other users, any content that: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; You will not provide inaccurate, misleading or false information to nkessential.com or to any other user of the Site.
You understand and agree that nkessential.com may review and delete any Content, including the website itself, in each case in whole or in part, that in the sole judgment of nkessential.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or otherwise threaten the business and/or operations of nkessential.com.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by nkessential.com, are those of their respective authors. Such authors are solely responsible for such content.
nkessential.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will nkessential.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
You hereby agree to indemnify, defend and hold NK Software Solutions, LLC and nkessential.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NK Software Solutions, LLC and it’s service product nkessential.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NK Software Solutions, LLC / nkessential.com.
LINKS TO EXTERNAL SITES.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, nkessential.com AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY SERVICES OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, nkessential.com AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. nkessential.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. nkessential.com AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
LIMITATION OF LIABILITY.
In no event will nkessential.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, your use of the Service, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if nkessential.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
nkessential.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, mobile devices, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or customers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will nkessential.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to website Owners, or any interactions between users of the Site, whether online or offline.
If you violate the terms of this Section or any other terms stated herein, nkessential.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and, in addition, you agree to pay a $10,000 per day penalty fee for scraping, either in a manual or automatic manner other User or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a "mirrored," competitive, or third party site. Although nkessential.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users to a number which we deem appropriate in our sole discretion. In order to protect the integrity of the Site and the Service, nkessential.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
PAYMENT AND REFUND POLICY
The basic services of nkessential.com are charged at the amounts of the packages set by NK Software Solutions, LLC. No refunds or credits will be provided after 14 days of the published website. Custom orders are not refundable. At NK Software Solutions, LLC's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by NK Software Solutions, LLC or nkessential.com.
NOTICE OF TRADEMARK RIGHTS.
The service marks and trademarks nkessential.com and the nkessential.com logo are trademarks or service marks owned by NK Software Solutions, LLC or its licensors. All rights reserved. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of NK Software Solutions, LLC, nkessential.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms.
NOTICE OF COPYRIGHT.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site (the “Content") are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by nkessential.com or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make copies of the Content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from nkessential.com or the copyright holder identified in the individual Content's copyright notice.
COPYRIGHT AGENT, NOTICE, AND TAKE DOWN PROCEDURES.
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting nkessential.com's agent (identified below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed.
• Identification of the material that you believe to be infringing and its location.
• Your name, address, telephone number and email address.
• A statement that you have a good faith belief that the use of materials is not authorized by the copyright owner.
• A statement that the information that you have supplied is accurate.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
nkessential.com's agent for copyright issues relating to this Site is as follows: nkessential.com Attn: Copyright Agent, Email: contactus@firstname.lastname@example.org
You acknowledge that transmission to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to nkessential.com, no confidential, fiduciary, contractually implied or other relationship is created between you and nkessential.com other than pursuant to these Terms.
U.S. EXPORT CONTROLS.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
CONSENT TO JURISDICTION, CHOICE OF LAW.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE OR STATE WHERE NK Software Solutions, LLC IS FILED - DELAWARE. WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF DELAWARE OR STATE WHERE NK Software Solutions, LLC IS FILED IN OR OPERATES OUT OF.
These Terms constitute the entire agreement between NK Software Solutions, LLC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions, need further information as to the Site or Service provided by NK Software Solutions, LLC, or need to notify NK Software Solutions, LLC as to any matters relating to the Site or Service please contact us at: contactus@email@example.com
NK Software Solutions, LLC may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site or Mobile Application, as determined in our sole discretion.
2: Length Of Service
NK Software Solutions, LLC provides a functioning website for as long as the paid subscription is purchased for.
All fees for nkessential.com services will be provided in US dollars. All fees will be collected via a valid payment card.
Once the website has been published, the amount the website platforms charge is non-refundable from NK Software Solutions, LLC.
NK Software Solutions, LLC will use commercially reasonable efforts to provide a 99% availability of its website and the websites that it powers. Outages caused by platforms which NK Software Solutions uses to provide services is out of our control. Occasional service outages may occur on nkessential.com that NK Software Solutions, LLC cannot control. If such outages occur, NK Software Solutions, LLC will work on restoring service as soon as possible. NK Software Solutions, LLC is not liable or responsible for damages if such outages occur.
5: Website Usage and Ownership
To the extent available, NK Software Solutions, LLC will host your website as advertised. NK Software Solutions, LLC is acting as your nominee only and all liability associated with the website or content on the website is yours. NK Software Solutions, LLC reserves the right to reject (either at the time of selection or afterward), to abandon, and to transfer at any time (including on your behalf) any website in the event that it is deemed by NK Software Solutions to infringe or allegedly infringe any third party right or for any other reason. When an NK Software Solutions, LLC account on nkessential.com is closed, the website will no longer be accessible on the nkessential.com website. NK Software Solutions, LLC will also discontinue availability of the website to all users.
The website built using nkessential.com remains NK Software Solutions, LLC’s property and can only be published as an website as long as the account user continues to pay NK Software Solutions, LLC’s subscription. The website built and its contents cannot be used or duplicated by any other company, individual or third party entity for any purpose, including, but not limited to, publishing, demonstrations, and displays.
6: Limitation of Liability
You understand that NK Software Solutions, LLC does not control all aspects of the website registration and publishing process. For example, once a website is submitted on nkessential.com to be published, NK Software Solutions, LLC uses certain upstream service providers to host your website. NK Software Solutions, LLC disclaims, and you agree, that NK Software Solutions, LLC is not liable for any inaccuracies regarding the hosting information relating to (i) the input of the information by you; and (ii) the handling of that information by the upstream service providers. NK Software Solutions, LLC will not be held liable, nor refund website registration.
Custom designs may be available for additional fees. Edits and changes to the initial design or change of direction will incur additional fees and will be evaluated on a per case basis. No refunds are available on custom designs. Any designs and artwork created on and for use on nkessential.com by NK Software Solutions, LLC employees or affiliates are the property of NK Software Solutions, LLC and are licensed to the customer for use. As such, NK Software Solutions, LLC has the right to add this design or a modified version to the catalog on nkessential.com at any time and use the design for promotional materials. Additional fees apply for exclusive rights to this design. For any artwork provided by the customer, the customer is solely responsible for retaining all original artwork releases and maintaining complete and accurate release records. NK Software Solutions, LLC will require a copy of the artwork release. If the customers proprietary artwork is included in a design, it will be removed prior to being added to the catalog or being used for promotional materials.
You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate NK Software Solutions, LLC or its service on nkessential.com in any manner whatsoever.
RIGHT TO REJECT OR REMOVE WEBSITE OWNERS.
We reserve the absolute right to reject your participation, or remove you from your current participation, in the nkessential.com website at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the accessibility of provided websites; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
PETITION FOR REINSTATEMENT.
Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.
We reserve the right to keep all records of any and all communications between you and other Website Owners for administration purposes.
We always want to receive messages and feedback from NK Software Solutions, LLC Website Owners and nkessential.com users. We welcome any comments regarding the Site. However, please be aware that any ideas, suggestions comments or proposals you send to NK Software Solutions, LLC (collectively, "Submissions") are non-confidential, shall become the sole property of NK Software Solutions, LLC, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to NK Software Solutions, LLC, you hereby grant and agree to grant to NK Software Solutions, LLC all rights needed for NK Software Solutions, LLC to incorporate and commercialize the Submissions at no charge or encumbrance to NK Software Solutions, LLC and you agree that NK Software Solutions, LLC may disclose the Submissions to any third party in any manner and you agree that NK Software Solutions, LLC has the ability to sublicense all Submissions in any form to any third party without restriction. NK Software Solutions, LLC shall own all rights therein, including all intellectual property rights. NK Software Solutions, LLC shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.
Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our Website Owners of your actions, issuing a warning (including a public warning), temporarily suspending your membership, and monetary compensation. and injunctive.
NK Software Solutions, LLC, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NK Software Solutions, LLC FURTHER DOES NOT WARRANT THAT nkessential.com (THIS SITE) OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. NK Software Solutions, LLC DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. NK Software Solutions, LLC DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
IN NO EVENT SHALL NK Software Solutions, LLC, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF DISCOUNTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 5% OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
GOVERNING LAW; VENUE AND JURISDICTION.
By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and NK Software Solutions, LLC or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of NK Software Solutions, LLC’s choosing, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of NK Software Solutions, LLC’s choice.
Disputes between you and NK Software Solutions, LLC regarding the Site, website and our services should be reported to support to contactus@firstname.lastname@example.org. We will attempt to resolve any disputes you have with us. Because We are a neutral venue We are not responsible for resolving any disputes between you and website Owners regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through NK Software Solutions, LLC, this Agreement, or to any acts or omissions for which you may contend NK Software Solutions, LLC is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in a location that NK Software Solutions, LLC chooses. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding selection of an arbitrator be in effect, an arbitrator shall be selected who is acceptable to NK Software Solutions, LLC from the panel of arbitrators. In any arbitration, the individual bringing up the claim against NK Software Solutions, LLC will bare the cost of the filing fee, the costs associated with the first day of arbitration. Additionally, the remaining costs of arbitration will be paid by the non-prevailing party, provided, however, that in the state chosen to arbitrate in any cost shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction the location NK Software Solutions, LLC chooses. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NK Software Solutions, LLC WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using NK Software Solutions, LLC's goods and services or the Site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NK Software Solutions, LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the location NK Software Solutions, LLC chooses. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
NK Software Solutions uses industry standard practices to safeguard your personal information, including encryption, one-way hashing, account lockouts, and SSL/TLS to protect data during transit. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee absolute security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or un-enforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by NK Software Solutions, LLC to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of NK Software Solutions, LLC, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
This document was last updated on April 24, 2020.