THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND ANY WEBSITE THAT INCLUDES, ATTACHES, REFERENCES, OR LINKS TO THESE TERMS OF USE, WHICH IS PROVIDED BY NORTH STATES INDUSTRIES, INC. (“NORTH STATES”). BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY NORTH STATES AT ANY TIME AT ITS DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
1. Access to This Website
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If North States believes the information you provide is not correct, current, or complete, North States has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.
2. Restrictions on Use
You may use this website for purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without North States’ express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website, (ii) frame this website, (iii) hyper-link to this website, or (iv) use spiders, scripts, bots, scrapers, crawlers, or other manual or automated tools to index, download, or gather information from the website, without the express prior written permission of an authorized representative of North States. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with North States in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
3. Proprietary Information
The material and content accessible from this website, and any other World Wide Web website owned, operated, licensed, or controlled by North States (the “Content”) is the proprietary information of North States or the party that provided the Content to North States, and North States or the party that provided the Content to North States retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of North States. In some instances you may be allowed to download product drawings, schematics, or similar information solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates North States’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website or its’ Content.
4. Hyperlinks
This website may be hyperlinked to other websites which are not maintained by, or related to, North States. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with this website or North States. North States has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed at the user's own risk, and North States makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the websites hyperlinked to this website. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement by North States of that website.
5. Submissions
This website may contain forums, bulletin board services, chat areas, message boards, review and review submission systems, news groups, communities, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “User Generated Content Areas”). You agree to use the User Generated Content Areas only to post, send and receive messages and content that are proper and related to the website and the User Generated Content Area. Among other actions, when using a User Generated Content Area, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that: (i) you do not have the right to post, including proprietary material of any third party, such as material protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) does not pertain directly to this site; (v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; (vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (viii) violates any law or may be considered to violate any law; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of products or services; (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; (xii) solicits funds, advertisers, or sponsors; (xiii) includes programs or materials that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site; (xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys; (xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or (xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above. North States reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. North States reserves the right to terminate your access to any or all of the User Generated Content Areas at any time without notice for any reason whatsoever. North States also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion. Materials uploaded to User Generated Content Areas may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither North States nor any third party that provides Content to North States will assume or have any liability for any action or inaction by North States or such third party with respect to any submission. North States cautions you against giving out any personally identifying information about yourself or your children in any User Generated Content Areas. North States does not control or endorse the content, messages, or information found in any User Generated Content Areas and, consequently, North States specifically disclaims any liability with respect to the User Generated Content Areas and any actions resulting from your participation in any User Generated Content Areas. You and other users of this website are not authorized North States spokespersons, and your views and the view of others do not necessarily reflect those of North States. You hereby grant to North States the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to North States through or in relation to this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. North States will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future North States operations. North States will treat any personal information that you submit through this website in accordance with its Privacy Policy located on this page.
6. Copyright Policy
North States respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law, and in particular the Digital Millennium Copyright Act, and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove, block, and prohibit from transmission Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, North States will also terminate a user's account if the user is determined to be an infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: North States Industries, Inc. 5455 Highway 169 N Plymouth, MN 55442
7. Disclaimer
You understand that North States cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. North States does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by North States. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NORTH STATES DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NORTH STATES DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NORTH STATES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NORTH STATES MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NORTH STATES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. NORTH STATES MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and North States does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
8. Limitation on Liability
NORTH STATES, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NORTH STATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NORTH STATES AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NORTH STATES FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. You may be subject to state laws that prohibit the disclaimer of certain warranties or limitations of liability. If you reside in a state that does not allow the disclaimer of certain warranties or limitations of liabilities as set forth in this agreement, the disclaimer of warranties and limitations of liabilities herein shall apply to the maximum amount allowed by law.
9. Indemnity
You will indemnify and hold North States, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
10. Trademarks
Trademarks, service marks, and logos appearing in this website are the property of North States or the party that provided the trademarks, service marks, and logos to North States. North States and any party that provided trademarks, service marks, and logos to North States retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.
11. Information You Provide
North States reserves the right to monitor use of this website to determine compliance with these Terms of Use, as well the right to remove or refuse any information you provide for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither North States nor any third party that provides Content to North States will assume or have any liability for any action or inaction by North States or such third party with respect to any submission.
12. Security
Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). North States will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that North States considers insecure, North States will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, North States reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. North States reserves the right to investigate suspected violations of these Terms of Use. North States reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing North States to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NORTH STATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NORTH STATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NORTH STATES OR LAW ENFORCEMENT AUTHORITIES.
13. Miscellaneous
These Terms of Use and the North States Privacy Policy will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and North States arising out of these Terms of Use, Privacy Policy, or pertaining to the subject matter hereof. The parties to these Terms of Use and Privacy Policy each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use, Privacy Policy or pertaining to the subject matter of these Terms of Use or Privacy Policy will be in the state and federal courts in Hennepin County, Minnesota. If any part of these Terms of Use or Privacy Policy is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. North States may revise these Terms of Use at any time by updating this posting. Effective Date: March 1, 2014.
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