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Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these terms, you
should not use this site. The term “Nioka” or “us” or “we” or “our” refers
to Nioka Green Store, Inc., the owner of the Web site. The term “you” refers
to the user or viewer of our Web Site.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site,
is strictly prohibited. Your use of the Site is strictly for personal,
non-commercial purposes. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute a waiver
of any right in such information and materials. Some of the content
on the site is the copyrighted work of third parties.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of
this Agreement. You must review this Privacy Policy by clicking
on this link.
Registration
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity.
We do not permit (a) any other person using the registered sections
under your name; or (b) access through a single name being made available
to multiple users on a network. You are responsible for preventing
such unauthorized use.
Payments
No item will be shipped, or production on custom items begun, until payment
has been received in full. Payment can be made by Visa, MasterCard,
Discover, American Express, Check or Money Order. Please note, orders
paid by personal check are not shipped until the check clears. You
represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by
you at the posted prices, including any applicable taxes.
Sales Tax
Orders shipped to delivery addresses in the state of Tennessee are
charged applicable sales tax unless a valid Tennessee Exemption Certificate
is
provided to Nioka.
Quotes and Prices
Prices are subject to change at any time and without notice. Written
price quotations automatically expire 30 calendar days from the date
issued and are subject to termination by notice within that period.
Cancellations
An order placed with Nioka cannot be cancelled after it has shipped.
Orders on custom items cannot be cancelled after production has begun.
Refund and Return Policy
Our Refund and Return Policy, as it may change from time to time, is
a part of this Agreement. You must review this Refund and Return Policy
by clicking on this link.
Shipping Policy
Our Shipping Policy, as it may change from time to time, is a part of
this Agreement. You must review this Shipping Policy by clicking
on this link.
Warranties
No other warranty, expressed or implied, exists beyond that of the manufacturer’s
warranty provided with the product.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on
the Site.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you
do so at your own risk.
Third Party Content
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that the information
and opinions in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it necessarily reflect
our belief.
Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the
Site or any features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in performance beyond
the control of a Covered Party.
Use of Information
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by
you to us (collectively, a "Submission") will forever be
our property. We will not be required to treat any Submission as confidential,
and will not be liable for any ideas (including without limitation,
product, service or advertising ideas) and will not incur any liability
as a result of any similarities that may appear in our future products,
services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print, republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the
Site; (f) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine
the Site architecture; (g) use any automatic or manual process to harvest
information from the Site; (h) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (i) use the Site in a manner that
violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (j) export or re-export the Site or
any portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
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