NASSAU INDUSTRIAL SUPPLY, INC.
TERMS OF USE
Revised October 4, 2024
These Terms of Use govern the use of the Website (the "Site") operated by NASSAU INDUSTRIAL SUPPLY, INC., along with their partners, employees, agents, attorneys, affiliates, successors and assigns, (collectively referred to as "us" or "we" or "our"). "You" are the User.
YOUR ACKNOWLEDGEMENTS AND WARRANTIES
By using the Site, You hereby consent to our Terms of Use, including any changes we may make. You shall not use our Site for any illegal or unauthorized purposes. You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without express written permission by us. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address, payment information, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
AGE OF USER
You must be at least eighteen (18) years of age to use our Site. Minors under 18 years of age and at least 13 years of age are permitted to use our Site only if they have permission and direct supervision by a parent or guardian. Children under age 13 are not permitted to use our Site. You are responsible for any and all account activity conducted by a minor.
RELATIONSHIP OF THE PARTIES
No use of the Site shall be construed to create a partnership, joint venture, or any other business enterprise or entity, between the Parties. No promises or inducements have been made by either Party to the other, except as expressly provided herein.
USE LICENSE
You are hereby granted a revocable non-exclusive use license to temporarily view, examine, and download the information and software on our website, ("Materials") for personal transitory viewing only. This is not a transfer of title, and this Use License may be revoked at any time by us, for any reason. You may not do any of the following, without our express written permission:
- 1. Modify, copy, distribute, or use the Materials for any public display;
- 2. Attempt to decompile or reverse engineer any software;
- 3. Remove any copyright or other proprietary notations from the Materials;
- 4. Transfer or "mirror" the Materials on any other server; access the Site using automated processes including bots and scrapers;
- 5. Take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- 6. Interfere or disrupt the Site or the connected servers and networks;
- 7. Embed code within your content;
- 8. Publish or link to malicious content of any sort, including but not limited to that which is intended to damage or disrupt another user's browser or computer; or distribute harmful code;
- 9. Collect, harvest, or sell any personal data of any user of the Site;
- 10. Use the Site for any unlawful purpose or for the promotion of illegal activities;
- 11. Attempt to harass, abuse or harm another person or group;
- 12. Use another user's account without permission or intentionally allow another user to access your account;
- 13. Provide false or inaccurate information when registering an account;
- 14. Circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site or the content accessible via the Site.
USER CONTENT AND CONDUCT RESTRICTIONS
You are solely responsible for the information, private or otherwise, ("User Content") that you post, upload, link to or otherwise make available via the Site and its users. We reserve the right to remove any User Content from the Site at our sole discretion. You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not post information that is malicious, libelous, false or inaccurate; You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; When you upload or post User Content to the Site, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Site; and you grant to each user of the Site, a worldwide, non-exclusive, royalty-free license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Site and under these Terms of Use; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site or with other Users.
OUR RESERVATION OF RIGHTS
We reserve the right to terminate your use of the Site at any time, for any reason, at our sole discretion. We reserve the right to limit, prevent, refuse, or deny any person, at any time, at our sole discretion. All descriptions or pricing are subject to change at any time without notice.
INDEMNIFICATION
You agree to indemnify, defend, and hold Us harmless, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use.
FORCE MAJEURE
In the event of a war, strike, riot, terrorist attack, epidemic, pandemic, plague, or any such "Act of God" including but not limited to hurricane, flood, earthquake, fire, virus, influenza, etc., which prevents us from fulfilling our obligations under the agreement, we reserve the right to suspend our obligations for the duration of the force majeure.
BREACH
No breach by Us shall be deemed material unless You have given written notice of said breach to Us, we have acknowledged receipt of the notice, and We fail to cure such breach within thirty (30) days, after acknowledgement of the receipt of said notice. In the event We bring an action to enforce a breach by You, it is mutually agreed that a reasonable attorneys fee is 33 1/3% (thirty-three and one-third percent) of the amount due and owing, with interest to be calculated and compounded at a rate of 1 ½% (one and one-half percent) per month, per annum.
VENUE AND JURISDICTION
This agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event You wish to bring any action or claim against Us, the exclusive jurisdiction shall be fixed in the Supreme or District Court of Suffolk County, State of New York.
CONSTRUCTION OF THIS AGREEMENT
These Terms of Use constitute an agreement which represents the entire understanding between the Parties, and supersedes any and all previous agreements, whether written or oral. We reserve the right to make changes to these Terms of Use from time to time, and you agree to be bound by any changes that we make, without notice necessary. The captions in this Agreement are for convenience only and are not to be considered in construing this Agreement. Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the agreement may require, and vice versa. All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates and other types of entities. If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement. A facsimile or electronic copy of this Agreement shall be deemed an original for all purposes. You consent to receive communications from us in an electronic and you may opt out. We reserve the right to make changes to these Terms and Conditions at any time, with or without prior notice. We incorporate herein by reference, any terms and conditions of our Privacy Policy.