TERMS OF SERVICE
Last Modified: 05/26/2020
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.
1. ABOUT THE SERVICES
This is a contract between you and nok. You must read and agree to these terms before using the Service. If you do not agree to this Agreement, you may not use the Service. 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. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by nok.
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 trynok.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 at 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
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to nok with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
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 may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing nok your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.5 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 continue to be bound by this Agreement.
1.6 Service Location
The Service is controlled and operated from facilities in the United States. nok makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
2. 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 Trials 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 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; and
- To the best of your knowledge, all your User Content, and other information that you provide to us, is truthful and accurate.
- Nok takes no responsibility and assumes no liability for any of your User Content. You shall be solely responsible and indemnify us for your User Content.
3. 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. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Nok Content. Use of the Nok Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
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 will not place Nok under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Nok does not waive any rights to use similar or related ideas previously known to Nok, or developed by its employees, or obtained from sources other than you.
You acknowledge that you do not own the User Account you use to access the Service, nor do you 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 are 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.
4. PRODUCTS TRIALS AND PURCHASES
4.1 General conditions.
(a) The Services include the trial and sale of third party brands’ products (“Products”). This Section 4 sets out terms and conditions that apply to your trial or purchase of any Product.
(b) 18 Years or Older. Products may be tried-out or purchased for use by individuals under 18 years of age, but we trial and sell only to adults, who may try or purchase the Products with a Payment Method (as defined below). By agreeing to this Agreement, you represent that you are 18 years or older and that you are authorized to use the chosen Payment Method (including, credit cards) for the purpose of trying or purchasing the Products as described in this Agreement.
(c) Limits. You acknowledge and agree that we may place limits on the trial or purchase of Products, including restricting orders placed under a single customer account, Payment Method or billing or shipping address. We may limit, cancel or prohibit any trials or sales of Products for any reason in our sole discretion, including to availability and geographic concerns.
(d) Collections. If you do not pay the amounts you owe to Nok when due, then Nok will need to institute collection procedures. You agree to pay Nok’s costs of collection, including reasonable attorneys’ fees.
By entering into this Agreement or using nok, you expressly consent and agree to accept and receive communications from nok, including via email, text message, calls, and push notifications to the cellular telephone number you provided to nok.
By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre recorded messages) sent by or on behalf of nok, including but not limited to: operational or transactional communications concerning your Account or use of nok; updates concerning new or existing features of the nok Platform; communications concerning Promotions (defined below) run by nok or third parties; and news or industry developments concerning nok, its partner brands, or third parties. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, 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. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE NOK PLATFORM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM NOK (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT CUSTOMER SUPPORT AT SUPPORT@TRYWITHNOK.COM. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE NOK PLATFORM.
(f) Limited Warranties. The following are the limited warranties Nok provides in connection with Product Trials. Nok’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product.
(i) Correct Trial Products. Subject to availability, we will deliver the Products you ordered for Trial, disregarding colors or memory size variants, on the delivery date and timeslot for which you ordered them, except in the rare event that your reserved Trial Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely 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 choose another day and timeslot or another Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we will cancel your order.
(ii) Clean and Ready to Use. The Products will be professionally cleaned and delivered ready to use. 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.
4.2 Product Trials.
(a) Delivery. As part of your Service subscription, you are eligible to try Products in-home in accordance with this Section 4.2 (“Trial”). Once you have selected a Product to try through our Service, we will do our best to deliver the Product on your chosen day and timeslot. Upon delivery, you will 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 will pay for any delivery charges incurred due to issues with delivery at your delivery address.
(b) 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 encompasses minor stains and scratches. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product or its accessories, as determined in our discretion, up to the full retail value for the Product.
(c) Return Pickup. You agree to return the Product and its accessories to Nok in the same condition and packaging you received it and on or before the last day of your Trial as identified in the order confirmation email. To return the product, simply log into your account and schedule a return pickup by specifying your desired address, date and timeslot. You can schedule the return pickup of your Product at any time during your Trial and latest by 18:00 local time the day prior to the last day of the Trial. 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.
(d) Late Fees. You are not entitled to extend your Trial beyond its end date; if you return the Product late or not at all, you will be charged a late fee of twenty dollars ($20) for every day that you are late returning the Product, and you agree to pay such late fees until the product has been successfully picked up from you. You may however apply 50% of such fees to any subsequent purchase of the Product through the Service. If you have not returned the Product within five (5) days after the Trial’s end date, your late return will be considered a non-return and Nok will charge you an amount equal to the full Product retail value plus the Late Fees. All of these fees will be charged to the payment card you used to order your Trial or to any other payment card included in your account information that you have provided to Nok.
(e) Payment of 100% Retail Value. Nok will not charge you for more than an amount equal to 100% of the retail value plus the late fees described above, in the aggregate, for any charges arising under this Section, excluding collection costs. If you pay Nok an amount equal to 100% of the retail value under this Section and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Late Fees, which are charged separately from, and in addition to, any other charges payable by you pursuant to this Section.
4.3 Product Purchases
(a) Swap. When you desire to purchase a Product following a Trial, we will come swap your Trial Product with a brand new Product, and you can schedule this “Swap“ directly from your user account chosing your preferred date and timeslot.
(b) Purchase of Trial Products. Trial Products are generally not destined for sales but some exceptions may apply and you should contact Customer Support if you‘d like to purchase the Product you are trying.
(c) Payment. If you decide to purchase any Products from the Nok Service, you acknowledge and agree that your payments are made directly to the third-party brand offering the Product, and not Nok, via an API that connects your account and payment information to the relevant brand’s third party payment provider. Notwithstanding the above, payments for certain Products in New York will be made directly to Nok as agent for the third-party brand offering the Product. Purchase price 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 item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Nok or the relevant third-party brand to charge your payment card for the applicable purchase price. Your payment card will be charged the amount of the purchase price immediately upon your purchase order. Purchase prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Nok, shall be paid by you to Nok in connection with your purchase order.
(d) Returns and Warranties. You also acknowledge and agree that the relevant third-party brand is solely responsible for (a) providing a product warranty directly to you with respect to the Products purchased via the nok Service and (b) processing returns from you in accordance with brand’s terms and conditions and any applicable laws, rules and regulations.
5. SERVICE FEES
5.1 Billing Policies.
By using the Service, you agree to our pricing and payment terms as we may update them from time to time. You agree to make payments, and we will automatically charge the payment method associated with your User Account, as described below for so long as your User Account remains active. You acknowledge that the amount billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
5.2 Payment Information; Taxes.
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 the fees to your Payment Method in accordance with this Agreement, along with any applicable taxes or additional fees due during the billing period. Note that when your Payment Method is authenticated, you may see a temporary authorization for $0.05 on your statement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
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].
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Notice available at https://trywithnok.com/terms/, and to have your personal information collected, used, transferred to and processed in the United States.
Nok cares about the integrity and security of your personal information. Nok uses physical, managerial, and technical safeguards in its sole discretion to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
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 in the DMCA. 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
Address: 228 Main Street, Suite 4, Venice, CA 90291
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.
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. Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products except the Service. Nok makes no guarantee, whether express or implied, that you will find products that meet your specifications. Nok makes no representation or warranty as to the quality or qualification of any product of any third party, and is not responsible or liable for any acts or omissions committed by such third parties. Nok attempts to be as accurate as possible. However, Nok does not 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. 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 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. No advice or information, whether oral or written, obtained by you from Nok or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Nok, its subsidiaries, its affiliates, and its licensors do not warrant that the content 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.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above 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 and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
12. 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 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.
13. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
13.1 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. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Nok. 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, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles, California, unless you and Nok agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Nok from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
13.3 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. This waiver applies to class arbitration, and, unless we 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.
14.1 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), when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (i) acts of God; (ii) flood, fire, earthquake or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order or law; (v) actions, embargoes or blockades in effect on or after the date of this Agreement; (vi) action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor stoppages or slowdowns or other industrial disturbances; (ix) shortage of adequate power or transportation facilities; (x) internet, telecommunication, and software or hardware downtime or outages; and (xi) other events beyond the control of the party impacted by the Force Majeure Event.
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.
14.3 Notification Procedures and Changes to the Agreement.
14.4 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, 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, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
14.5 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.
14.7 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.
Last Modified: 02/06/2020
1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
- Information you provide to us directly. We may collect personal information, such as your name, phone number, postal address, payment information, and email address as well as other information you provide in response to questions (e.g., does your building have a doorman, product categories of interest, etc.) when you register for our Service, sign up for our mailing list, request a transaction or other action on the Service, or otherwise communicate with us. We also collect information on your use of the products, including your interest in the products, any damage to the products, any communications between you and nok and any other information you provide to nok. We collect your mobile phone number to assist in shipping your order to you. You may also choose to receive SMS text updates from us regarding your order status. You may opt out of receiving text messages at any time by texting STOP to the sender. For more information about text messages, see our Terms and Conditions above.
- Data collected through the use of the Service. We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including the groups you belong to, your interaction with your friends and with others on the Service, and photos and videos you post to the Service, and any content you provide through in-app messages, chat, or other functionality (“User Content”). Please remember that nok may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.
- Usage and device information collected automatically through tracking technologies. To provide a personalized and high-quality experience for our users, we, and our third-party partners, may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our e-mails, use our Service, or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “Tracking Technologies”).
We, and our third-party partners, use these Tracking Technologies to automatically collect usage and device information, such as:
- Your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser or your account, and other such information.
- We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Services, whether you open e-mails or click the links contained in e-mails, whether you access the Services from multiple devices, and other actions you take on the Services.
We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Services and to understand more about our users by monitoring aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.
We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
Do Not Track Signals. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
If you would prefer not to accept cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.
Please note that not accepting cookies may negatively impact your experience using the Service, as some features and services on our Service may not work properly. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
2. HOW WE USE YOUR INFORMATION
- Create and process your account and deliver the Service to you, including processing shipping and delivery requests;
- Send you transactional information, including confirmations, invoices, technical notices, product and services information, updates, security alerts, support and administrative messages, and information about your transaction with us;
- Communicate with you such as to respond to your comments and questions, provide customer service or feedback, or respond to employment opportunities for which you’ve applied, of for any other purposes in connection with the Service;
- Conduct research and analytics to understand our visitors and customers, and tailor our product offerings;
- Facilitate new contests, promotions and rewards and provide you with news about products and services offered by us and our selected partners;
- Provide you with advertisements based on your interests and order history;
- Operate, maintain, test, enhance, update, monitor, diagnose, fix and improve our Service;
- Prevent, investigate or provide notice of fraud or unlawful or criminal activity and enforce and carry out contracts and agreements; and
- Comply with legal obligations.
3. SHARING OF YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
We may share your personal information with:
- The brands whose products you have tried. We may share your information, such as your name, email address, mailing address and phone number, so that the brand may advertise to you and/or allow you to create an account onto their Site.
- Third parties at your request. For example, you may have the option to share your activities on the Service with your friends through email or on various social media sites;
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, fulfilling, delivering and picking up delivering orders, providing customer service, providing mailing services, providing tax and accounting services, web hosting, or providing analytic services;
- The public when you provide feedback on our Service. For example, if you post User Content on our blog or comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our Service or on our social media pages;
- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
- Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of nok, our visitors, or others.
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
4. CONTROL OVER YOUR INFORMATION
Profile and Data Sharing Settings. You may update your profile information, such as your user name and profile photo, and may change some of your data sharing preferences on your Account page/by emailing us at firstname.lastname@example.org.
How to control your communications preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
Modifying or deleting your information. If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Service or publicly displayed content, you can contact us directly at email@example.com. We may not be able to modify or delete your information in all circumstances.
5. THIRD-PARTY TRACKING AND ONLINE ADVERTISING
We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our Service over time so that they may play or display ads on our Service, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an e-mail address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
To learn more about interest-based advertising and how you may be able to opt out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.
Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our site or Service on your browser, log in to your account on our Service, or otherwise engage with us. We share a unique identifier, like a user ID or hashed e-mail address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
6. HOW WE STORE AND PROTECT YOUR INFORMATION
Data storage and transfer: Your information collected through our Service may be stored and processed in the United States or any other country in which nok or its parent, subsidiaries, affiliates, or service providers maintain facilities. If you are located in other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Keeping your information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
7. CHILDREN’S PRIVACY
nok does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at firstname.lastname@example.org
8. LINKS TO OTHER WEB SITES AND SERVICES
The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.
9. HOW TO CONTACT US