NKH Safety Terms of Use

AGREEMENT BETWEEN USER AND NKH Safety

The NKH Safety Web Site is comprised of various Web pages and sites operated by NKH Safety.

The NKH Safety Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NKH Safety Web Sites constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

NKH Safety reserves the right to change the terms, conditions, and notices under which the NKH Safety Web Sites ares offered, including but not limited to the charges associated with the use of the NKH Safety Web Site.

LINKS TO THIRD PARTY SITES

The NKH Safety Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of NKH Safety and NKH Safety is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NKH Safety is not responsible for webcasting or any other form of transmission received from any Linked Site. NKH Safety is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NKH Safety of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NKH Safety Web Sites, you warrant to NKH Safety that you will not use the NKH Safety Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NKH Safety Web Site in any manner which could damage, disable, overburden, or impair the NKH Safety Web Sites or interfere with any other party's use and enjoyment of the NKH Safety Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NKH Safety Web Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NKH Safety WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NKH Safety AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NKH Safety WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE NKH Safety WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NKH Safety AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NKH Safety WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NKH Safety AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NKH Safety AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NKH Safety WEB SITE, WITH THE DELAY OR INABILITY TO USE THE NKH Safety WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NKH Safety WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NKH Safety WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NKH Safety OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NKH Safety WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NKH Safety WEB SITE.

SERVICE CONTACT : CustomerService@nkhsafety.net

TERMINATION/ACCESS RESTRICTION

NKH Safety reserves the right, in its sole discretion, to terminate your access to the NKH Safety Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hamilton County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the NKH Safety Web Sites. Use of the NKH Safety Web Sites are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NKH Safety as a result of this agreement or use of the NKH Safety Web Site. NKH Safety's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NKH Safety's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NKH Safety Web Site or information provided to or gathered by NKH Safety with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NKH Safety with respect to the NKH Safety Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NKH Safety with respect to the NKH Safety Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other organizational documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the NKH Safety Web Site and related sites are: Copyright 2006 NKH Safety. All Rights Reserved and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.