Terms & Conditions
Last Modified: 04/27/2022
This Agreement applies to all visitors, users, and others who access the Service (including by visiting the nok website), including you (“Users”). This Agreement is a contract between you and nok. You must read and agree to the terms of this Agreement before using the Service. If you do not agree to these terms, you may not use the Service (including by viewing the nok website).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
We reserve the right to modify this Agreement and will provide notice of these changes as described below.
1. ABOUT THE SERVICES
You may use the Service only if you can form a binding contract with nok, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
To be eligible to use the nok Services, you must:
- Be a resident of the United States or its territories;
- have full legal capacity to enter into a contract and be at least eighteen (18) years old or of legal age in your state of residence;
- accurately provide your true and correct personal details; and
- be able to receive security verification codes via text message.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. nok reserves all rights not expressly granted herein in the Service and the nok Content (as defined below). nok may terminate this license at any time for any reason or no reason.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the nok servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that nok grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from noktryouts.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.4 User Accounts and Personal Information
The first time you use nok you will be asked to create a User account (“User Account”) and to give us certain personal information. In order for you to have a smooth and friction-free shopping experience, we will keep this information in our systems so that when you return to us or use our Services, we can use that information to autofill certain information in the purchase flow, such as name, address, telephone number, email, date of birth and card details, with your information so you only need to provide some information to us. All information that you provide in connection with your use of the Services, including in connection with a Purchase or other transaction with the Service must be accurate, complete, and current.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify nok immediately of any breach of security or unauthorized use of your User Account. nok will not be liable for any losses caused by any unauthorized use of your User Account. You acknowledge that you do not own the User Account you use to access the Service.
By entering into this Agreement, providing your phone number and/or email address, and/or using the nok Service, you expressly consent and agree to accept and receive communications from nok, and our agents, representatives, affiliates, or anyone calling on our behalf, including via email, text message, calls, and push notifications to the telephone number you provided to nok (including those generated by automatic telephone dialing systems and/or those made by artificor or pre-recorded voice).
By consenting to being contacted, you understand and agree that you may receive communications sent by or on behalf of nok for any reason, including but not limited services, marketing, any notices required by law, and/or operational or transactional communications concerning your User Account or use of the nok Service. You also agree that we may send you marketing communications, including but not limited to: updates concerning new or existing features of the nok Service; communications concerning Promotions (defined below) run by nok or third parties or other targeted offers; and news or industry developments concerning nok, its partner brands, or third parties. Standard text/call/data rates may apply.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS, TEXTS OR CALLS AS A CONDITION OF USING THE NOK SERVICES.
If you wish to opt out of promotional communications, you may opt out or change your preferences in the settings page of your User Account. You may also:
- unsubscribe from nok’s promotional email list by following the unsubscribe options in the promotional email itself, including clicking the “Unsubscribe” link provided at the bottom of the email;
- opt out of push notifications through your device settings;
- opt out of automated calls by asking in response to any call that the calls stop and/or by following any automated opt-out instructions;
- opt out of automated texts by texting “STOP” in response to any such message.
YOU MAY ALSO OPT OUT OF EMAILS, TEXTS, AND/OR CALLS FROM NOK BY CONTACTING CUSTOMER SUPPORT AT SUPPORT@NOKTRYOUTS.COM.
Notwithstanding the foregoing, you acknowledge and agree that nok retains the right to contact you for transactional and operational reasons related to your use of the Services, including to notify you if your Tryout Product has not been returned by your Tryout End Date, and you hereby consent to receiving such communications, even if you have opted out of receiving promotional communications.
1.6 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by this Agreement.
2. PRODUCT TRYOUTS AND PURCHASES
The Services include the Tryout and option to Purchase third party brands’ products (“Products”). This Section sets out terms and conditions that apply to your Tryout and Purchase of any Product.
2.1 Product Tryouts
(a) Approval & Qualification
All Tryout orders requests are subject to our approval. We may, in our sole discretion, not approve your order request. You acknowledge and agree that we may place limits on the Tryout or Purchase of Products, including restricting orders placed under a single User Account, payment method or billing or shipping address. We may limit, cancel or prohibit any Tryouts or Purchases of Products for any reason in our sole discretion, including availability and geographic concerns.
As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right to conduct a pre-authorization of $0.50 on the payment method(s) provided on your User Account. This may involve placing funds in the account linked to your payment method on hold each time you make an online purchase or add a payment method to your nok Account. We will immediately instruct your bank to void this pre-authorization transaction. No funds are received by nok during this process. We cannot guarantee the time it takes for your bank to process the void action and make your funds available but it is usually within 5 business days.
(2) Permission to obtain credit reports for Product Tryouts
You authorize nok to obtain consumer reports and other information about you from consumer reporting agencies anytime you click on “Confirm free tryout” on https://noktryouts.com. After you click on “Confirm free tryout” to do a Tryout, a consumer report will be obtained by nok to determine your eligibility for a Tryout. A consumer report will be obtained even if you intend to pay using a credit or debit card. You also authorize nok to periodically obtain consumer reports or other information about you from consumer reporting agencies during the servicing of any Tryout, including for the maintenance and collection of your account. You authorize the use of such consumer reports or other information for any other lawful purpose, including determining your eligibility for financing, authenticating your identity, or making decisions related to the servicing and collection of your account or Tryout. We will only obtain consumer reports that do not impact your credit score and do not leave a hard inquiry on your credit report when you apply for a Tryout. We will never do a hard inquiry.
(3) Permission to request a hold
By clicking “Confirm free tryout” on https://noktryouts.com, you authorize nok to potentially request a hold on your card by email and/or SMS. Holds are requested based on the results of your consumer report. The hold amount varies based on the retail price of the Product and is usually below 50% of its value. nok will not place any holds without your explicit written consent and your order will be cancelled if you refuse consent or do not explicitly confirm consent in written form within 2 (two) days of your order submission date.
Once you have selected a Product to try through our Service and the selection has been approved by nok in accordance with Section 2.1(a) above, we will do our best to deliver the Product. Upon delivery, you may be asked to show a valid form of ID and sign a proof of delivery. You agree to bear responsibility for the receipt of Products shipped to the location specified at time of check out as well as upon receipt of the Product. You acknowledge that there may be delivery delays, and you may be responsible for paying for any delivery charges incurred due to issues with delivery at your delivery address.
(c) Tryout Period
The period for evaluating a Tryout Product (the “Tryout Period”) varies by Product and is listed on each Product’s page. The Tryout Period begins on the day after the Product has been delivered to you (as determined by nok based on the tracking information it receives from the carrier). The Tryout Period ends on the earliest of the following: (a) the day that you returned your Tryout Product to nok and it has passed our inspection; (b) the day you Purchase the Product from your nok account; and (c) the Tryout End Date communicated to you by nok upon receiving your Tryout Product. Nok will notify you when the Tryout Period begins and when it is set to expire by sending you an email to the email address on file. You can also view this information on your “My Orders” page inside your User Account. If you wish to request an extension of the Tryout Period, simply notify us via email at email@example.com or via SMS at 929.447.6568 – extensions are granted on a case-by-case basis.
(d) Limited Warranties
The following are the limited warranties Nok provides in connection with Tryout Products. Nok’s liability to you for failure to comply with any of these warranties is limited to delivery of Product or replacement Product that complies with these warranties.
(1) Unavailable Tryout Products. Subject to availability, we will deliver the Products you ordered for Tryout except in the rare event there is an occurrence subsequent to the placing of the order that prevents delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to: (A) maintain your order, which we’ll ship as soon as a Product is available, or (B) choose another Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we will cancel your order after two (2) business days following our first notification.
(2) Clean and Ready to Use. The Products are professionally cleaned, refurbished and delivered ready to use. If you receive a Product that is dirty or not functioning correctly, please contact us at firstname.lastname@example.org or 929-447-6568 and follow the return instructions we provide to return the dirty or malfunctioning Product, and we will send you a replacement Product. Nok cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and nok shall not be held liable for any health-related complaints associated with any Product.
(e) Use of the Product
You agree to treat the Product with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products and its accessories due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear means minor stains and scratches. If you return a Product that is damaged beyond normal wear and tear or that is missing accessories, you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product and/or its accessories, as determined in our discretion, up to the full retail value for the Product, plus applicable sales tax.
(f) Returning your Tryout Product.
Unless you decide to Purchase the Product you are trying (in other words keep it), you agree to return the Product and its accessories to Nok in the same condition and packaging as you received it, on or before the last day of your Tryout Period. To return the product, drop it off at your closest UPS access point location as instructed on the Return Instructions displayed on your “My Orders” page in your User Account. We are not responsible for any personal or other items left in the Product or which are returned to nok. If you believe you have accidentally or otherwise sent us any such items, please contact Customer Support as soon as possible at email@example.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
(g) Delinquency and Default.
If you have not returned or Purchased your Product by Tryout End Date, we will notify you via SMS and/or email that your Tryout Product is past due. You will have a 5 day grace period to either return or Purchase the Product after the Tryout End Date. If you haven’t returned or Purchased the Product by the 6th day after your Tryout End Date, we will consider your Tryout Product as Purchased by you and will attempt to charge your card for the purchase price of the Product, plus sales tax. If we are unable to collect that amount, you will be deemed delinquent and we may initiative collection proceedings to collect the total amount. This may include charging your card on file, contacting you, assigning your balance to a third party collections agency, or reporting negative information to the credit reporting agencies. We also reserve the right to limit, restrict, suspend or terminate your access to nok Services.
2.2 Product Purchases
Tryout Products are usually for sale and if the Product you are trying is in refurbished condition, it can be purchased at a discount. The discounted price varies by Product and can be accessed through your User Account.
(a) Purchased Product
When you desire to purchase a Product following a Tryout, you can either choose to keep the Product unit you received for your Tryout or Swap your Tryout Product with a brand new unit or a different configuration of the Product (“Swap”). Both options are available through your User Account. In the case of a Swap, your Tryout Product must be dropped off at your closest UPS access point by your Tryout End Date. Once we receive your Tryout Product in our warehouse, we will ship over your new Product. If you decide to keep the Product unit you used during your Tryout, it is yours to keep, subject to your payment of the purchase price for the Product in accordance with these terms.
If you decide to keep the Product unit you used during your Tryout and that Product unit is in refurbished condition, you acknowledge and agree that the Product is provided “as is”, and neither nok nor the third-party brand makes any warranties about the refurbished Product, either express or implied, unless nok specifically provides you a limited warranty for the Purchased Product in writing.
(b) Purchase; Payment
If you decide to Purchase any Products from the nok Service, you agree to our pricing and payment terms described herein, as we may update them from time to time.
(1) Purchase Price
The purchase price for Product is as listed on nok’s website at the time of Purchase, and is subject to change. Nok reserves the right to alter purchase price, discount, or availability of any particular Product at its discretion and without notice. You acknowledge that the amount actually billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes.
(2) Payment Method
You must provide nok with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). You hereby authorize nok (through its third-party payment providers) to bill your Payment Method immediately upon your purchase for up to the total amount of your purchase, including applicable taxes, fees, and shipping costs, as applicable. You also authorize us to further debit or credit your Payment Method to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your Payment Method.
(3) Third-Party Payment Provider
We use Stripe as our third-party service provider for payment services. By using our Service, you agree to be bound by Stripe’s Checkout User Terms of Service — United States available at [https://stripe.com/checkout/legal]. If you are purchasing a Product using Klarna, you agree to be bound by their Terms of Service – United States available at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_us/user
(4) Direct Brand Purchases
(5) Dyson Coupon Codes for Cordless Vacuums
This is an exclusive offer available only for Participants of nok Free Tryout Program for the Outsize cordless vacuum. This offer cannot be transferred or shared. Offer does not apply to and may not be used in conjunction with any other offers, sales, coupons, and promotions, with the exception of free/discounted tool, filter, or accessory offers, which may be combined with this offer; however no additional discount will be applied to any discounted tool, filter, or accessory. Offer only valid on Dyson.com or in a Dyson Demo Store. Offer expires 11:59 pm CST July 31, 2022. Qualifying customers who have completed the Tryout will receive a unique coupon code granting 20% off the full price of a select, in-stock Cordless Vacuum. Limit of one (1) 20% off discount per customer. Additional purchases not eligible for discount. Offer excludes Dyson V12 Detect Slim™ and Dyson V12 Detect Slim Absolute™. Offer only valid while supplies last and does not apply to prior purchases. Offer only valid for end-user customers and does not apply to purchases by distributors, resellers, retailers, or other parties. Dyson reserves the right to withdraw, amend or otherwise modify this offer at any time without notice.
(c) Post-Purchase Returns
If you wish to return a Product you have purchased through nok, you will have 30 days calendar days to return it based on the date you received it. If you’re experiencing a technical problem with your Purchased Product within 30 days from its Purchase, in most cases, we will able to issue you a like-for-like replacement. Please contact firstname.lastname@example.org specifying your order number and full name for nok to process your return or replacement.
If you do not return a Product to us within 30 days of your Purchase but are experiencing a technical problem with the Product, you acknowledge and agree that the relevant third-party brand is responsible for providing any warranty directly to you and nok has no responsibility or liability with respect to such Product.
3. nok Referral Rewards Program
The nok referral program (the “Referral Program”) allows Members to earn gift cards, promotional coupon credits toward future Purchases and other rewards by referring friends to become new Users on nok.
To participate, you must agree to these terms and: be an individual (e.g., not a corporation), be at least 18 years old, be a resident or citizen of the United States or a territory of the United States and not be a nok current or former employee.
To earn rewards, send your unique referral code to friends via email, phone, or social media. When a friend uses that code to check out for a Tryout on www.noktryouts.com and completes the Tryout by either returning or Purchasing the Product, you will get credit for the referral. The friend you refer will get a promo code for $50 off their first Purchase on www.noktryouts.com. These promo codes expire after one (1) year of their issuance.
There is no limit to the number of friends you can refer or the number of credits you may earn for referring friends. You will accumulate $50 in gift card credits for each referral that is approved. These gift cards will be distributed monthly via email to the email address registered on your nok User Account.
A referred friend must be a first-time customer in order for you to receive credit for the referral. Anyone that has already done a Tryout on www.noktryouts.com will not be approved as a referral.
nok wants you to share your referral code and earn referral rewards, but referral codes must be used only for personal and non-commercial purposes. This means that you may only share your referral code with people you know. You agree that you will not:
- Duplicate, sell, or transfer your referral account
- Try to get referees/invitees by spamming, bulk emailing, or sending large numbers of unsolicited emails.
- Use, display, or manipulate nok intellectual property (such as nok’s logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as an nok user, nok referrer/inviter, or referrer/inviter for nok
- Create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the word “nok” or any of nok’s other trademarks or any words that are confusingly similar to nok’s trademarks.
- Use nok’s trademarks as your social media profile picture or wallpaper or use any of nok’s copyright-protected works (such as graphics, photos, images, drawings, and screenshots from nok’s website or app) without nok’s express written permission;
- Purchase keywords (including, but not limited to Google AdWords) that contain any of nok’s trademarks;
- Make misleading claims about nok, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to nok, or otherwise make any false or misleading statements to get a referee/invitee to use your code; or
- Use your referral code in any manner that violates the law or the rights of anyone else.
nok may suspend or terminate the Referral Program or a User’s ability to participate in it at any time for any reason.
We reserve the right to suspend User Accounts or remove credits if we notice any activity that we believe is abusive, fraudulent, or in violation of this Agreement. We reserve the right to review and investigate all referral activities or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by referring friends can change at any time.
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on our website and they will be effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.
4. USER CONTENT
The Service collects and records, and allows Users to submit or provide, content such as profile information, instructions, comments, questions, ratings, reviews and other content or information (individually and collectively, “User Content”). You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to nok a royalty-free, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, publicly perform, and publicly display all User Content and your name and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and all Intellectual Property Rights therein and thereto, in order to provide the Service (including to process your Tryouts and Purchases), and, in anonymous form, for nok’s business purposes, including without limitation to improve nok’s products and services. You further grant nok a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with your ratings and reviews, without notification or approval by you. You agree that this license includes the right for other Users to access and use such User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to nok herein shall survive termination of the Services or your User Account. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties;
- Your User Content and nok’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;
- Nok may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties;
- To the best of your knowledge, all your User Content, and other information that you provide to us, is truthful and accurate; and
- You are solely responsible for, and Nok has no responsibility and assumes no liability for, any of your User Content.
5. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “nok Content”), and all Intellectual Property Rights therein and thereto, are the exclusive property of nok and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights.
You may choose to, or we may invite you to submit, comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and that we are free, without any compensation or attribution to you, to use the Idea and/or to disclose the Idea on a non-confidential basis or otherwise to anyone for any purpose.
7. DMCA NOTICE
Since we respect artist and content owner rights, it is Nok’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify nok’s copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Service; 4. Information reasonably sufficient to permit Nok to contact you, such as your address, telephone number, and, e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Nokking Inc. Address: 17209 S Figueroa Street, Unit D, Gardena, CA 90248 – Tel.: 929-447-6568 Email: email@example.com
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that this procedure is exclusively for notifying nok and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with nok’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, nok has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Nok may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. NO WARRANTY
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without, and nok hereby disclaims, all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. None of nok, its subsidiaries, its affiliates, or its licensors warrant that any content on the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
You acknowledge that you do not possess any rights of access or rights to data stored by or on behalf of nok on nok’s (including its third-party hosting providers’) servers. Notwithstanding anything in this Agreement to the contrary, you agree that nok has the absolute right to manage, regulate, control, modify and/or eliminate such data as it sees fit in its sole discretion, in any general or specific case, and that nok will have no liability to you based on its exercise of such right. All data on nok’s servers is subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, User Account history and User Account content residing on nok’s servers, may be deleted, altered, moved or transferred at any time for any reason in nok’s sole discretion, with or without notice and with no liability of any kind. Nok does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on nok’s servers.
9. DISCLAIMER OF THIRD-PARTY LINKS AND PRODUCTS
Further, nok does not make any representation, warranty or guarantee regarding the Products purchased on or through the Service except the limited warranties for delivery of Tryout Products specifically set forth in this Agreement. Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products. Without limiting the foregoing, nok makes no guarantee, whether express or implied, that you will find products that meet your specifications or any representation or warranty as to the quality or qualification of any product of any third party, and nok is not responsible or liable for any acts or omissions committed by any third parties or by you with respect to the Products. In addition, while nok attempts to be as accurate as possible, nok does not represent warrant that Product descriptions or other content is accurate, complete, reliable, current, or error-free.
You agree to defend, indemnify and hold harmless nok and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall nok, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will nok be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your User Account or the information contained therein. To the maximum extent permitted by applicable law, nok 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 our service and/or any Product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall nok, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to nok hereunder or $100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if nok has been advised of the possibility of such damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
12. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
12.1 Governing Law
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which the parties may seek relief. For any dispute with nok, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that nok has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement and/or goods or services provided, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under its rules relevant to the dispute, which may be reviewed here: http://www.jamsadr.com. The arbitration will be conducted in Los Angeles, California, or a location convenient for you or otherwise agreed, including remotely. Payment of JAMS fees will be governed by the applicable JAMS rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.3 Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. Unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and nok are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
12.4 Exceptions to Arbitration
If a claim falls within the jurisdiction of a small claims court, either party can seek relief in small claims court and not by binding arbitration.
Either party can seek injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of data security, Intellectual Property Rights or other proprietary rights, but any and all such claims for damages, restitution, and/or monetary relief of any kind must be decided by binding arbitration.
If either party has a claim for public injunctive relief under California law, and a court determines that such a claim is not subject to arbitration, then the court may adjudicate such a claim after all other claims, including underlying causes of action giving right to such relief, are decided by binding arbitration.
13.1 Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), to the extent such failure or delay is caused by or results from causes beyond the reasonable control of such party, including acts of God; flood, fire, earthquake or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; governmental order, law, embargoes or blockades or other actions; national or regional emergency; strikes, labor stoppages or slowdowns or other industrial disturbances; shortage of adequate power or transportation facilities; internet, telecommunication, and software or hardware downtime or outages.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nok without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
13.3 Notification Procedures and Changes to the Agreement
Nok may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or other forms and means, as determined by nok in our sole discretion. Nok is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Nok may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
13.4 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with nok in connection with the Service, shall constitute the entire agreement between you and nok concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, that provision should be severed or modified by the court and the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
13.5 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and nok’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.
13.7 California Residents
The provider of the Service is Nokking Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.