Terms of Use

TERMS OF USE

These terms of use are entered into by and between you and NEMO Enterprises (“NEMO,” “we,” or “us”). The following terms and conditions, together with any NEMO documents/policies they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered on, through, or in connection with the same (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with NEMO and meet applicable eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise an update these Terms of Use from time to time in our sole discretion. All changes are effectively immediately when posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Access to the Website, Account Security, and Orders
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

NEMO has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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

Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NEMO, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Any use of NEMO’s trademarks, copyrights, or other intellectual property without NEMO’s express written consent is strictly prohibited.

The 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 the 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.

Without limiting the above, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website and in NEMO’s catalogues, and the selection, coordination, and arrangement of such content, are owned by NEMO or third-party licensors and protected to the fullest extent permitted under copyright and other intellectual property rights laws and international treaties. Any copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website or catalogues for any purposes without our express written consent is strictly prohibited. Except as expressly permitted under these Terms of use, nothing on the Website or in our catalogues confers on you any license or right to any copyright of ours or of 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 the respective owners/rightsholders, and are protected from reproduction, imitation, dilution, or confusing or misleading uses by applicable law. Any use or misuse of these trademarks, designs, or any materials without express written consent of the respective rightsholder is strictly prohibited. Except as expressly permitted under these Terms of Use, nothing on the Website or in our catalogues confers on you any license or right under any trademark of us or any third party.

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 in these Terms of Use

Limited License to Use Website
NEMO grants you a limited license to make personal use of the Website and catalogues, but not to download (except for personal, non-commercial use, and not for further reproduction, publication, or distribution) or modify them or any portion of them. If we provide social media features with certain content, you may take such actions as are enabled by such features. This license does not include any right to access or use for any commercial purpose the 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 the Website, or to implement any data mining, robots, spiders or similar data extraction tools. You may not reproduce, copy, sell, resell, or otherwise exploit the Website, catalogues, NEMO content, 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 or provision of access to any other person in breach of the Terms of Use immediately terminates your right to use the Website.

Third Party and Co-Branded Websites
The Website, including the Adventure Resource Page, may contain links to websites, resources, or other materials owned or operated by third parties and/or to co-branded websites which may be operated in whole or in part by third parties, including affiliates. NEMO provides such links and resources for your reference and convenience only. A link from us to a third-party or co-branded website or to other resources or materials does not imply or mean that NEMO approves of or endorses the content of such websites, resources, or materials, the owner or operator thereof, or any products or services available therefrom. You are solely responsible for determining the extent to which you access or use any third party or co-branded website, materials, or services. Any use of and reliance you place on such websites, resources, materials, content, information, etc. is strictly at your own risk and subject to the privacy policies, terms and conditions, and other policies or regulations applicable thereto. NEMO disclaims all liability and responsibility from any use of and reliance placed on such websites, resources, materials, content, information, etc. by you or any other visitor to the Website, or by anyone who may be informed of its contents.

Your Responsibilities and Prohibited Uses
You agree that you will not use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the US or other countries). You may use the Website in accordance with these Terms of Use and all further limitations that may be set forth in any written or on-screen notice.

All information that you provide in connection with a purchase, transaction or other monetary interaction with us, the Website, or a co-branded website must be accurate, complete, and current. You are responsible for and agree to 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, the 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 agree not to use the Website:

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate NEMO, a NEMO employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NEMO or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working or security of the Website.

User Contributions

The Website may contain profiles, forums, product review sections, and other interactive features or means of contact/submission that allow users to post, submit, publish, display, or transmit (for the purposes of this provision, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the content standards set out in these Terms of Use.

Any User Contribution you post to the Website or submit to NEMO will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or submitting/sending any User Contribution to NEMO, you grant us and our licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted to us above and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEMO, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

NEMO is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for NEMO.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NEMO AND NEMO’S LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Contributions and use of any interactive services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person or cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Alex Mitchell

Nemo Equipment

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of and/or access by users who are repeat infringers.

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 the Website or catalogues are accurate, complete, reliable, current, or error-free. NEMO has made reasonable efforts 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, NEMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR CATALOGUES, OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED THROUGH THE WEBSITE OR CATALOGUES, INCLUDING WITHOUT LIMITATION, THE FOLLOWING: THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE AND CATALOGUES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE AND CATALOGUES WILL BE AVAILABLE AT ANY TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE WEBSITE AND CATALOGUES WILL BE CORRECTED; OR THAT THE CONTENT OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION IN THE WEBSITE AND CATALOGUES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND NEMO DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND CATALOGUES IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEMO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEMO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR OFFICERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, CATALOGUES, PRODUCTS OR SERVICES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING FROM ANY OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING IN CONNECTION WITH THE FOLLOWING: YOUR PURCHASE OF PRODUCTS AND SERVICES FROM NEMO; YOUR USE OF THE WEBSITE AND CATALOGUES; YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE 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, INCLUDING ANY EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Applicable Law and Disputes
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New Hampshire both as to interpretation and performance, regardless of the choice or conflict of law rules or provisions of that or any other state.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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’) employees, officers, directors, owners, agents, attorneys, insurers, co-branders, and other partners from and against all charges, complaints, claims, liabilities, judgments, awards, obligations, promises, agreements, disputes, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including reasonable attorney’s fees) of any nature whatsoever arising from or relating to your violation of these Terms of Use, your use of the Website or catalogues, your provision of information to NEMO, User Contributions, and any use of the Website’s content, services, or products, other than express authorized in these Terms of Use, your purchase of any products or services from NEMO, or your use of any information

Miscellaneous Legal Provisions
NEMO may discontinue, restrict access to, or change the contents, operation, and features of the 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 Terms of Use, your use of the Website or catalogues, or your purchase of products or services from NEMO.

Nothing in the Terms of Use is in derogation of NEMO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the 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.

Any decision by us not to enforce any provisions of the Terms of Use 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 the Terms of Use or to act with respect to similar breaches.

To the extent any term of these Terms of Use 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 the Terms of Use enforceable to the fullest extent possible, without affecting the parties’ remaining rights and obligations under the Terms of Use. If such term cannot be modified, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue tin full force and effect.

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, or any other such matter should be sent to NEMO via certified mail as follows: NEMO Equipment, Inc., 383 Central Avenue, Suite 275, Dover, NH 03820.