Privacy Policy and Terms of Use Agreement


Effective March 18, 2013


NEMO Equipment, Inc. (as well as our parents, subsidiaries, affiliates, successors and assigns) (collectively, “NEMO”) recognize the importance of the privacy of our customers, and take steps to protect your privacy. This Privacy Policy describes the information that NEMO gathers, uses and discloses from the contacts we have with you, such as by mail, email, telephone, Internet, mobile applications, and otherwise and your choices about how we may disclose the information. The Terms of Use Agreement describes the terms and conditions that you agree to as a customer of NEMO, if you choose to do business with us. The Privacy Policy and Terms of Use Agreement apply only to our customers, not our employees, consultants, suppliers, vendors, or others. If you have any questions about the Privacy Policy or Terms of Use Agreement, please send us an email at journey@nemoequipment.com, call us at (603) 997-9301, or contact us by mail at 383 Central Avenue, Suite 400, Dover, NH 03820.


Privacy Policy

Non-Personally Identifiable Information
NEMO may collect non-personally identifiable information about you and your electronic devices (such as your computers and mobile devices) when you access NEMO’s website. Examples include your Internet Protocol (IP) address, the type of web browser you use, and the referring website. Other examples include your activity on NEMO’s website, the time and duration of such activity, the sections of our website you use, any search terms you use, and the products or services you view or purchase. If NEMO operates a mobile application, we also may collect any information available through your mobile device or the application, such as the type of device you use, your use of the application, and your geographic location.

NEMO may collect non-personally identifiable information through the use of cookies. A cookie is a file that a website installs on your hard drive or mobile device so the site can identify you while you are using it or when you return to the website. Similarly, a mobile application may use a unique device identifier to identify your mobile devices. Cookies and unique device identifiers may remain on your computers or mobile devices after you cease using the website or mobile application. You may decline to accept cookies by modifying your web browser settings, and you may be able to disable unique device identifiers. If you choose so, however, you may be unable to use all functions of websites and mobile applications, or the websites and mobile applications may operate less efficiently.


Personally Identifiable Information

NEMO may gather and store personally identifiable information that you provide to us, directly or indirectly, about yourself or others, such as name, address, email, telephone numbers, cellphone numbers, credit and debit card numbers, product preferences, purchasing history, etc. Such information also may be combined with other personally identifiable information that NEMO purchases or obtains from third-parties. Financial information is generally used to bill you for products or services you purchase. Contact information is generally used to send you products or provide you with services that you purchase, send you information about products or services, and for billing or collection purposes. NEMO also may gather and store other personal information that you provide to us (such as a social security numbers, tax identification numbers, dates of birth, work affiliations, etc.) for specific purposes that we communicate with you about (such as obtaining a credit report or credit card).


If you give us your email or address, we may send you emails, catalogues, or other information. If at any time you do not wish to receive emails, catalogues, or other information from us, please see the “How to remove your name from our mailing, sharing or email list” section below.


Disclosures of Personally Identifiable Information

Unless required by law or expressly or impliedly authorized or consented to by you, NEMO will disclose personally identifiable information about you only as follows.


NEMO may employ others to perform certain functions. Examples include operating and maintaining our website, taking orders, delivering products or services, sending mail and email, maintaining customer lists and other records, analyzing data, providing marketing consultation and other assistance, distributing customer surveys, processing credit and debit card payments, and providing customer service. NEMO will provide personally identifiable information about you to such other companies and individuals to the extent it is necessary or appropriate for them to perform the functions that we retain them to perform.


Sometimes NEMO sends offers to selected customers on behalf of others that are affiliated with us. If you do not wish to receive emails, catalogues or other information from affiliates please see the “How to remove your name from our mailing, sharing or email list” section below.


NEMO may release personally identifiable information when we believe that it is necessary or appropriate to comply with applicable laws, regulations, legal processes, governmental requests, or contractual obligations, to address insurance, audit, or security matters, or for any other purpose that we have a good faith belief the disclosure is required, authorized or appropriate. We also may release such information to enforce or apply this Privacy Policy, the Terms of Use Agreement or other agreements, or to protect the rights, property, or safety of NEMO, you, other customers, employees, or others. We also may release such information if you expressly or impliedly authorize or consent to the release or disclosure of the information.


As NEMO continues to develop its business, we might sell or buy subsidiaries or other business units, sell the stock or substantially all of the assets of NEMO, or apply for or secure funding or financing. In such transactions, personally identifiable customer information may be disclosed and (in the case of a sale) it is generally one of the transferred assets.


NEMO may share your name, email and address with third parties so that they can send you emails, catalogues or other information about products and services of potential interest to you.


NEMO does not share credit or debit card information with third parties. If you prefer that we not share your name, email and address with third parties, please see “How to remove your name from our mailing, sharing or email list” section below.


Other than as set forth above, NEMO will give you notice when information about you might go to third parties, and you will have the opportunity to instruct us not to share the information.


How to Remove your Name from Our Mailing, Sharing or Email List

To not receive future communications from us, not receive further communications from us, and have us not share your information with third parties, you can do any of the following:

1. Send us an email at journey@nemoequipment.com, call us at (603) 997-9301, or contact us by mail at 383 Central Avenue, Suite 400, Dover, NH 03820, and instruct us to remove you from our mailing, sharing or email lists. You may also use this email, telephone number, and address to request that we correct any information we have about you.

2. If available, use the “opt out” or “unsubscribe” option included in an email that you receive from NEMO.


Children’s Privacy

NEMO does not sell products or services to children or minors, and we do not want to collect or store personally identifiable information about children or minors. If you are under 18 years old, you may use NEMO’s website and purchase products or services from us only with the direct involvement of a parent or guardian. If you are under 13 years old, do not send NEMO any personally identifiable information about yourself, including your name, address, email, telephone number, or cellphone number. In the event NEMO learns that we have collected personally identifiable information about a person who is younger than 13 years old, we will endeavor to delete the information as soon as possible. If you know NEMO has collected personally identifiable information about any person who is younger than 13 years old, please inform us by contacting NEMO as provided below.


External Links

If any part of the NEMO’s website links you to other websites or mobile applications, those websites and mobile applications do not operate under this Privacy Policy. NEMO recommends that you examine the privacy statements posted on those other websites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.


Information Security

NEMO has implemented physical, managerial, administrative and technical security measures to protect your personally identifiable information, including against loss, theft, fraud, and unauthorized access, use, copying and disclosure. If you give NEMO your credit or debit card number, we will handle such information in accordance with the Payment Card Industry Data Security Standard (PCI DSS). If NEMO becomes aware that a breach or potential breach of security has occurred involving your personally identifiable information, we will take prompt action to investigate the situation, remediate to the extent remediation is necessary, appropriate, effective or otherwise required by law, and notify you about any breach of your personal information that has occurred if required to do so by applicable law.


How To Contact Us

If you have any questions or concerns about the privacy or security of your information, you may send us an email at journey@nemoequipment.com, call us at (603) 997-9301, or contact us by mail at 383 Central Avenue, Suite 400, Dover, NH 03820.


Changes to this Privacy Policy

NEMO may change or update this Privacy Policy in the future, with or without notice.

 


Terms of Use Agreement

By using NEMO’s website or catalogues or by purchasing products or services from us, you agree to be bound by the terms and conditions of this Terms of Use Agreement (Agreement). Please read this Agreement carefully. Also, by using NEMO’s website or catalogues or by purchasing products or services from us, you represent that you are at least 18 years old. NEMO may modify the terms of this Agreement with respect to any or all future use of NEMO’s website or catalogues or purchases of products or services from NEMO, with or without notice, in which case NEMO will post the changes here. Please print a copy of this Agreement for your records whenever you purchase any products or services from NEMO.


Privacy Policy

The Privacy Policy set forth above also governs our relationship and is a part of the Agreement. Please read it carefully and comply with all of the terms of it.


Orders

NEMO reserves the right to refuse to sell products or services to you, terminate your account, remove or edit the content of any of your purchases, or cancel your orders, in our sole discretion, including if NEMO believes that your conduct violates applicable law, the Privacy Policy or this Agreement, or is harmful to NEMO, you, other customers, employees, or others.


Intellectual Property Rights

The NEMO Shield logo legal-shield-logo®, the NEMO name with the accompanying shield design legal-logo®, AirSupported Technology®, and AST® are registered or pending trademarks of NEMO Equipment in the United States of America and in some instances in other countries, with all rights reserved.  NEMOID™, TENSHI™, GOGO™, and MORPHO™ are trademarks of NEMO, with all rights reserved.  One or more NEMO Equipment products are covered by one or more United States and International Patents, with all rights reserved.  All images and text are copyrights of NEMO Equipment, with all rights reserved.  Any use of NEMO Equipment trademarks, patents or copyrights without NEMO’s express written consent is strictly prohibited.


All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on NEMO’s website and in NEMO’s catalogues, and the selection, coordination, and arrangement of such content, are owned by NEMO or third-party licensors to the fullest extent permitted by law. Any copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of NEMO’s website or catalogues for any purposes without our express written consent is strictly prohibited. Nothing stated or implied on the website or in our catalogues confers on you any license or right to any copyright of us or any third party.



All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all of NEMO’s and third-parties’ products or services belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses by applicable law. Any use or misuse of these trademarks or any materials without our express written consent is strictly prohibited. Nothing stated or implied on our website or in our catalogues confers on you any license or right under any trademark of us or any third party.



NEMO’s website, catalogues, and the information in them are for your personal non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, distribute, transmit, or circulate to anyone the contents of our website or catalogues, or use the contents of them for any commercial or promotional purposes, without the express written consent of us or our lawful successors and assigns. For usage permission, contact us as set forth below.



NEMO respects the intellectual property of others. When NEMO becomes aware of allegations of patent, copyright or trademark infringement in products, services or information distributed by NEMO, we will investigate the allegations and take appropriate action. If you believe that your patent, copyright or trademark has been infringed by NEMO, please contact us immediately as set forth here.


Limited License to Use Website

NEMO grants you a limited license to make personal use of our website and catalogues, but not to download or modify them or any portion of them. This license does not include any right to resell or use commercially NEMO’s website, catalogues or any portion of them, to collect or use any product listings, description, or other information in them, to any derivative use of them, to download or copy any account information from our website, or to implement any data mining, robots, spiders or similar data extraction tools. You may not be reproduce, copy, sell, resell, or otherwise exploit NEMO’s website, catalogues or any portion of them for any commercial purpose. You may not use meta tags or any other hidden text using NEMO’s name, copyrights or trademarks. Any unauthorized use terminates the license granted by this Agreement.


Third Party and Co-Branded websites

NEMO’s website may contain links to websites operated by third parties or to co-branded websites operated by third parties, including affiliates. NEMO provides such links for your reference and convenience. A link from us to a third-party website or co-branded website does not imply or mean that NEMO endorses the content on that website or the operator of it. You are solely responsible for determining the extent to which you use any content at any third party website or co-branded website to which you link from NEMO’s website.


Your Responsibilities

You must comply with all applicable law in connection with your use of NEMO’s website, and all further limitations that may be set forth in any written or on-screen notice. You must not use NEMO’s website for any purpose that is unlawful, illegal or prohibited by this Agreement. All information that you provide in connection with a purchase, transaction or other monetary interaction with us, our website, or a co-branded website must be accurate, complete, and current. You must pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase, transaction or other monetary interaction with us, our website, or a co-branded website at the prices in effect when such purchases are made and charges are incurred. You must pay all applicable taxes, if any, relating to all such purchases, transactions and other monetary interactions.
You must not violate or attempt to violate the security of NEMO’s website, such as by doing the following: accessing data not intended for you; logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; interfering with service to any user, host, or network, including by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the website; sending unsolicited email, including promotions or advertising; and forging any packet header or any part of the header information in any email or posting.


Risk of Loss

All products purchased from the NEMO are transported and delivered to you by an independent carrier not affiliated with or controlled by us. Title to products purchased from NEMO, as well as the risk of loss for such products, passes to you when we deliver the products to the carrier.


Product Information

NEMO attempts to be as accurate as possible in describing products and services. We do not warrant that the product descriptions or other content of our website or catalogues are accurate, complete, reliable, current, or error-free. NEMO has made every effort to display as accurately as possible the colors of products and services that appear on the website and in catalogues. As the actual colors you see depend on your computer monitor or mobile device, however, NEMO cannot guarantee that your monitor’s or device’s display of any color will be accurate.


WARRANTY STATEMENT

All NEMO products carry a lifetime warranty against defects in workmanship and materials to the original owner. We will do our very best to make sure you are satisfied with your NEMO product. This warranty does not cover normal wear and tear, unauthorized modifications, improper use, or improper maintenance.


DISCLAIMER OF OTHER WARRANTIES AND LIMITATIONS ON LIABILITY

TO THE MAXIMUM PERMITTED BY LAW, EXCEPT FOR THE WARRANTY STATEMENT ABOVE, NEMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO OUR WEBSITE OR CATALOGUES, OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED THROUGH OUR WEBSITE OR CATALOGUES, INCLUDING WITHOUT LIMITATION, THE FOLLOWING: THAT THE INFORMATION PROVIDED THROUGH OUR WEBSITE AND CATALOGUES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT OUR WEBSITE AND CATALOGUES WILL BE AVAILABLE AT ANY TIME OR LOCATION; THAT DEFECTS OR ERRORS IN OUR WEBSITE AND CATALOGUES WILL BE CORRECTED; OR THAT THE CONTENT OF OUR WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION IN OUR WEBSITE AND CATALOGUES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND NEMO DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF NEMO’S WEBSITE AND CATALOGUES IS AT YOUR SOLE RISK.



TO THE MAXIMUM PERMITTED BY LAW, EXCEPT FOR THE WARRANTY STATEMENT ABOVE, NEMO DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OUR WEBSITE, CATALOGUES, AND ANY AND ALL PRODUCTS AND SERVICES THAT YOU PURCHASE FROM NEMO.



IN NO EVENT WILL NEMO, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR WEBSITE, CATALOGUES, PRODUCTS OR SERVICES, BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING FROM ANY OF THE FOLLOWING: YOUR PURCHASE OF PRODUCTS AND SERVICES FROM NEMO; YOUR USE OF OUR WEBSITE AND CATALOGUES; YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE OUR WEBSITE OR CATALOGUES, OR ANY LINKED SITES; INFORMATION THAT YOU PROVIDE TO NEMO THROUGH THE WEBSITE, INTERNET, PHONE OR OTHERWISE; AND ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, OR SYSTEM FAILURE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.



Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of New Hampshire both as to interpretation and performance, regardless of the choice of law rules of that or any other state. You agree to be subject to personal jurisdiction in New Hampshire, and that the sole and exclusive jurisdiction and venue for any action arising out of or related to this Agreement shall be in the state or federal courts for that state, except as may be necessary to enforce an order of such courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.


Indemnification

You shall indemnify, defend and hold harmless NEMO (as well as our parents, subsidiaries, affiliates, successors and assigns) and NEMO’s (as well as our parents’, subsidiaries’, affiliates’, successors’ and assigns’) employee, officers, directors, owners, agents, attorneys, insurers, co-branders, and other partners from and against all charges, complaints, claims, liabilities, obligations, promises, agreements, disputes, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including attorneys’ fees and costs) of any nature whatsoever asserted by any third party arising out of or related to your use of NEMO’s website or catalogues, your providing of information to NEMO, and your purchase of any products or services from NEMO.


Miscellaneous Legal Provisions

NEMO may discontinue, restrict access to, or change the contents, operation, and features of our website and catalogues at any time, for any reason, with or without notice.
No joint venture, partnership, employment, or agency relationship exists between you and NEMO as a result of the Privacy Policy or this Agreement, your use of NEMO’s website or catalogues, or your purchase of products or services from NEMO.


Nothing in this Agreement is in derogation of NEMO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our website and catalogues, information provided to or gathered by us with respect to you or such use, or your purchase of products or services from NEMO.


This Agreement is binding on you and your agents, representatives, heirs and assigns. In the event of a NEMO or substantially all of NEMO’s assets, you consent to the assignment by NEMO of any and all of its rights under this


Agreement to any successor or assign, and NEMO’s successors or assigns will automatically succeed to our rights under this Agreement.
In the event of any dispute or litigation concerning the Privacy Policy or this Agreement, the prevailing party on the claims made in the dispute or litigation shall be entitled to recover from the other party any and all attorneys’ fees, expenses and costs incurred by the prevailing party in the dispute or litigation. “Prevailing Party” means the party who has succeeded in establishing, to the appropriate legal standard, the majority of the factual and legal issues inherent in the claims or defenses asserted by that party.
Any decision by us not to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.



To the extent any term of this Agreement is found by any court, arbitrator or other authority to be void, voidable or unenforceable, in whole or in part, you agree that the affected term shall be modified and reformed so as to render that term and this Agreement enforceable to the fullest extent possible, without affecting the parties’ remaining rights and obligations under this Agreement. If such term cannot be modified, you agree that it shall be severed from this Agreement or separated from the other terms of the Agreement, and the remaining terms of the Agreement shall be enforced to the fullest extent possible, without affecting the parties’ remaining rights and obligations hereunder.


All rights not expressly granted herein are hereby reserved.

 

Legal Notices


Any legal notice or other such communication to us concerning the Privacy Policy, Terms of Use Agreement, or any other such matter should be sent to NEMO via certified mail as follows: NEMO Equipment, Inc., 383 Central Avenue, Suite 400, Dover, NH 03820.