Terms of Use

Niro, Inc. welcomes you to its website. Niro, Inc., Inc., its parent, subsidiaries and affiliated companies, (collectively "Niro, Inc.") maintain this website (the "Site") to provide to you basic information about Niro, its products and services through the convenience of online presentation (the "Service"). Please feel free to browse the Site. Your access to and use of the Site and the Service is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site and/or utilizing the Service, you accept, without limitation or qualification, these Terms and Conditions which may be modified from time to time. You may review the most current version of the Terms and Conditions at any time at http://www.niroinc.com. Any new features that augment or enhance the current Service shall be subject to the Terms and Conditions.

Terms and Conditions

1. Services

As a visitor to the Site, you are free to browse through the various pages explaining our products and services. However you cannot download or independently use any portion of the Site. In the future, we may expand the Service to include various web-enabled features that may require registration as a user with password and account security obligations. Please check back with us regularly to review the Service Terms and Conditions as they will change to accommodate our enhancements. Material available on the Site may be referred to as "Licensed Content." You may view but not download, reproduce or otherwise use the Licensed Content.

2. Privacy

Niro, Inc. values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available. However, due to the nature of the Internet, Niro, Inc. cannot ensure or warrant the security of any material you transmit to it and your submission of all information is at your own risk. Niro, Inc. collects information in several ways from different parts of the Site. For example, personal information would be collected when you submit an inquiry about a product or service or report a problem with the Site or the Service. If you contact Niro, Inc., customer service may keep a record of that session or correspondence. Niro, Inc. may also occasionally ask users to complete surveys for research purposes. At present, Niro, Inc. does not require registration, however in the event registration is instituted, personal information such as name, address, telephone and facsimile number, billing and credit card or other account information, would be gathered just as if you telephoned or contacted Niro, Inc. via facsimile or regular mail.

As part of our desire to offer and provide in the future various customizable and personalized services, Niro, Inc. may use "cookies" to secure your transaction activities and enhance the performance of the Site and Service. A cookie is a small amount of identifier data that is sent to your browser from a Niro, Inc. web server and stored on your computer's hard drive. Generally, Niro, Inc. may use cookies to: (a) remind it of who you are and to access your account information (if stored on its computers) in order to deliver to you a better and more personalized service and (b) estimate its audience size. By determining the nature and extent of repeat usage, Niro, Inc. will be able to (c) target information to you based upon your interests and behaviors; (d) track your progress and number of entries in promotions, sweepstakes and contests, if any; (e) measure certain traffic patterns to understand how users' habits are similar or different from one another, all so that Niro, Inc. may improve its products and the Service. Niro, Inc. also collects IP addresses for system administration to include them in outgoing mail message headers. Niro, Inc. may also research its users' demographics, interests and behavior based on the information provided upon registration, during a promotion, from its server log files or from servers, to better understand its users. To improve your e-tail experience, Niro, Inc. may share this information from time to time with a subsidiary, parent or affiliated company, third parties providing services on its behalf, sponsors of certain promotions or a partner company.

To help us improve its services to you, Niro, Inc. may, from time to time, make collective customer information available to selected third parties, but only in the aggregate and never with both your password and account information included, if any. As a rule, Niro, Inc. will not disclose any of your personally identifiable information. However, by accessing and using the Service, you agree that such information may be disclosed as described above, as well as if Niro, Inc. has reason to believe that disclosing this information is necessary to identify, contact or bring legal action to enforce any of Niro, Inc.'s rights, including against you or a third party for nonpayment, or violation of the Terms of Use causing injury to or interference with its rights or property, to other Niro, Inc. users or anyone else that could be harmed by such activities. Niro, Inc. may disclose or access account information when Niro, Inc. believes in good faith that the law requires it and for administrative and other purposes that Niro, Inc. deems necessary to maintain, service and improve our products and services and to protect our rights or property.

3. Subscriber Conduct

You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Niro, Inc. are entirely responsible for all uploads and/or emails transmitted via the Service. Under no circumstances will Niro, Inc. be liable in any way for damage to or loss of any material you submit, your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

4. Indemnity

By accessing and using the Service, you agree to indemnify and hold Niro, Inc., its parent, subsidiaries, affiliates, officers, suppliers, co-branders or other partners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of anything you submit or transmit through the Site and/or Service, your use of the Site and/or Service, your connection to the Site and/or Service, your violation of the Terms of Use, or your violation of any Rights.

5. Modifications to Service

Niro, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Niro, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. Termination

You agree that Niro, Inc., in its sole discretion, may terminate your use of the Service, and remove and discard any materials created or transmitted by you through the Service, for any reason, including, without limitation, for lack of use, or if Niro, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Niro, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that Niro, Inc. may immediately deactivate or delete your account, if any, and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Niro, Inc. shall not be liable to you or any third party for any termination of your access to the Service.

7. Dealings with Advertisers

Your correspondence or business dealings with Niro's parent, its subsidiaries or affiliates, or participation in promotions of sponsors, partners or advertisers found on or through the Service, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entity. Such entities may have privacy or other use policies that differ from those herein contained. You agree that Niro, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or through the Service. However we may be privy to and use personal information provided by you to such parties.

8. Links

Niro, Inc. may permit, or third parties may provide, links to their WorldWide Websites or resources. Because Niro, Inc. has no control over such sites and resources, you acknowledge and agree that Niro, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Niro, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.

9. Proprietary Rights

You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Niro, Inc. You acknowledge and agree that the Site, Service and any necessary software used in connection with the Service ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto (all of which are included in and as the "Licensed Content"), is owned by Niro, Inc. or its suppliers or partners and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the terms and conditions of this Agreement, Niro, Inc. grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site, Service, and Software solely as follows:

• to access the Licensed Content and Software from the Site solely for informational purposes. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.
• You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with Niro, Inc. or create your own website for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within five (5) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. Niro, Inc. grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site, Service and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the Service, Software or Site other than those limited rights of access specified in this Agreement.

You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Service or other parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Niro, Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or on the Software, in whole or in part.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOU UNDERSTAND AND AGREE THAT NIRO, INC. ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SERVICE INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY PHOTOGRAPHS, DESCRIPTIONS OF PRODUCTS OR SERVICES, PRICING, AVAILABILITY OF PRODUCTS SHOWN ON THE SITE, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIRO, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NIRO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Service. Notice or other correspondence to Niro, Inc. should be mailed to:

Niro, Inc., Inc. - 9165 Rumsey Road, Columbia, MD 21045, Attention: Customer Service

12. Trademark Information

Niro, Inc., GEA Niro, Inc. and other logos, trade names, trade dress, product and service names are proprietary to Niro, Inc., its parent, subsidiaries and affiliates (collectively the "Marks"). In addition, Niro, Inc. may license from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.

13. General Information

The Terms of Use constitute the entire agreement between you and Niro, Inc. and govern your use of the Service, superseding any prior agreements between you and Niro, Inc.. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and contracts that may apply when you order goods and services or use affiliate services, third party content or third party software. The Terms of Use and the relationship between you and Niro, Inc. shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Niro, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Maryland. The failure of Niro, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Service or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

14. Violations

Please report any violations of the Terms of Use to our customer service department.

The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu'elles ont exige que la presente convention soit redigee in anglais.