By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Intellectual Property/Content Ownership and Use
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Nichols Battery Company or its content suppliers and protected by U.S. and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Nichols Battery Company and protected by U.S. and International copyright laws. All software used on this site is the property of Battery Solutions, Inc. and protected by U.S. and International copyright laws. The content and software on this site may be used as a shopping and selling. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Please be specifically advised that the content of this website includes, without limitation, the names, logos, images, slogans, product designs, packaging and trade dress of the products displayed on this website.
You are responsible for any use of this website by anyone using your credit card number, password or other identifier. Thus, if for any reason you suspect that your credit card, password or other identifying information has been compromised, you should contact Nichols Battery Company immediately.
3. Disclaimer of Warranties and Limitation of Liability
This site is provided by Nichols Battery Company on an “as is” and “as available” basis. Nichols Battery Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Nichols Battery Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nichols Battery Company does not warrant that this site, its server or email sent fromNichols Battery Company are free of viruses or other harmful components.Nichols Battery Company will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these damages apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have some additional rights.
4. Submission of Information and Other Content
License: To the extent that portions of this website permit you to send e-mails, submit information, or otherwise submit content (including, without limitation, questions, requests, comments, suggestions, ideas, inventions, information, data, images, likenesses or text) to Nichols Battery Company and/or this website, whether or not such content is viewable in chat rooms or otherwise on this website, please be advised that by submitting such content you grant Nichols Battery Company a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable license to any rights you have in the content submitted, including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline. Nichols Battery Company may treat any communication between you and Nichols Battery Company as non-confidential and non-proprietary.Nichols Battery Company is free to use any ideas, techniques, inventions, concepts, recipes, know-how or other information that you provide to Nichols Battery Company for any purpose whatsoever, including but not limited to any development of products or methods, manufacturing and marketing activities, sales material or efforts, or any other business use, without compensation or remuneration.
Standards: You agree not to submit any content to Nichols Battery Company that: (a) infringes on any third-party intellectual property, publicity, privacy, moral, ethical, or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors or pornographic; (d) contains any viruses, Trojan horses, worms, or other harmful components, including, but not limited to, computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; (e) constitutes unsolicited junk or bulk e-mail (“spam”); (f) constitutes the act known as “phishing”; or (g) is otherwise criminal.
Warranty/Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral and other rights to any content that you submit to us. You further agree to defend, indemnify and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
Monitoring of Content/Removal: You agree that Nichols Battery Company has no responsibility to monitor, review, edit or control any content or other information that you or others submit to the website. You further agree that Nichols Battery Company may modify, remove or refuse to accept any content on this website for any reason. In certain cases, your access to the website may permit you to modify or remove content that you previously submitted. At your request, Nichols Battery Company may also modify or remove content that you submitted. Please note that we may also decline to modify or remove content that you submitted, despite your request. In addition, we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by another person or entity.
5. Access Limits
Without the consent of Nichols Battery Company, you may not: (a) link to this website; (b) use any automated means to access the website or collect any information from the website, including without limitation robots, spiders, scripts or the like; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages.
Under no circumstances whatsoever may you: (a) derive or attempt to derive the source or object code, source files or structure of this website or its content by reverse engineering, disassembly, decompilation or any other means; (b) attempt to access the accounts of others or attempt to penetrate security measures of the systems of Nichols Battery Company or its affiliates (“hacking”), whether or not the intrusion results in corruption or loss of data; or (c) transmit to Nichols Battery Company or by means of this website unauthorized or unsolicited advertising, junk or bulk e-mail (“spam”), or any other such form of unauthorized or unsolicited transmission.