Terms and Conditions
The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to NPU, Inc., a California corporation. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. “Services” means access to the NPU Website and any other activity that we make available to you through the Website. “NPU Activities” refers to your interactions with NPU, which include but are not limited to your participation in our social media channels.
In using this website or interacting with Our social media accounts, you are deemed to have read and agreed to the following Terms and Conditions, which may be updated or changed from time to time by the Company without notice to you. Your continued use of this website or interacting with Our social media accounts following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes.
You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of any content or information you submit, post, transmit, modify or otherwise make available on this website or to third parties with whom you are in contact via this website, including but not limited to any confidential information, your violation of this Terms and Conditions, physical injury, illness, death and/or damage to or loss of property of any third party due to the use of products or services ordered from the Company, or your violation of any rights of another.
Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION OR MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR ANY AND ALL INFORMATION STORED BY THE COMPANY, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S WEBSITE.
IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Company shall not be liable for delays due to causes beyond the control and without the fault or negligence of Company. Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the Company. The Company will inform you of any Force Majeure event as soon as practicable after its occurrence.
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Links To and From this Website
You may not create a link to any page of this website without our prior written consent. You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the website, mobile app, or the associated with the Services in any text, layout, or design of any website without Our express written consent. We do not monitor or review the content of other party’s websites which are linked to from this website. A link from Our website or mobile app to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this website.
We welcome any comments or suggestions You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback that You provide Us, including allowing Us the appropriate intellectual property rights to do so, including granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to any and all intellectual property rights that You may own or control to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose. You hereby waive all moral rights in any such information or content. We are not responsible for the accuracy of any information, feedback, or content made on the website or mobile app by third parties.
You may not access, tamper with, or otherwise interfere with the non-public areas of this website, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third-party affiliates. You may not attempt to collect from this website or through using Our services any personally identifiable information from any other user without the user’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the website or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the website or the mobile app, including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the website or any of Our technology, including any software or Java applets associated with the website or mobile app. You may not deep-link to the website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, datamine, or monitor or similarly glean or extract any portion of the website or mobile app or any Company owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the website, NPU Activities, or the Services.
The parties agree that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in San Francisco, California in accordance with the rules then in effect of the American Arbitration Association. There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
We may terminate Your access to and use of any of Our content at Our sole discretion, at any time and without notice to You, in which case any and all rights granted to You herein will immediately automatically terminate.
You agree that Use of Our Services constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.
Neither we nor our affiliates make any representation that this website or content appearing on this website is appropriate or available for use in locations outside the United States. Those who choose to access this website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data or export of products from the United States to the country in which you reside.
The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Terms and Conditions.
© NPU, Inc.