NIKOLA INNOVATION, LLC
Last Modified: November 19, 2014
CONTENT AND INTELLECTUAL PROPERTY
All content, including trademarks, logos, text, graphics, and code (“Content”), and the arrangement or integration of that Content is owned by Nikola Innovation or by third parties who have granted Nikola Innovation permission to use the Content, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Unless otherwise specified, no part of the Site and no Content may be copied, reproduced, republished, licensed, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Nikola Innovation.
You may use information on Nikola Innovation (such as white papers, data sheets, press releases, and similar materials) purposely made available by Nikola Innovation for downloading from the Site, provided that you (1) not remove or alter any legal notices in all copies of such information, (2) use such information only for your personal, non-commercial use and do not copy or post such information on any network computer or broadcast in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.
USE OF THE SITE
You may not interfere with the Site or any transaction being conducted on the Site, or with any person’s use and enjoyment of the Site. You may not try to access the Site, other accounts, or Nikola Innovation’s systems or networks, or any systems or networks connected to the Site or to Nikola Innovation through hacking, password mining or any means or methods other than the interface and the instructions provided by Nikola Innovation. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor attempt to breach any security or authentication measures on the Site or any network connected to the Site. You may not do anything that could disable, overburden, or impair the proper working or appearance of the Site or Nikola Innovation’s systems or networks, or any systems or networks connected to the Site or to Nikola Innovation.
PURCHASES; OTHER TERMS AND CONDITIONS
Any obligation of Nikola Innovation with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Nikola Innovation may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Nikola Innovation makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Terms of Sale (nikolainnovation.com/legal/tos)
- Limited Warranty (nikolainnovation.com/legal/warranty)
- Warnings and General Safety Information (nikolainnovation.com/legal/warnings )
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
ACCOUNT, PASSWORD, AND SECURITY
In order to use certain features or services offered on or through the Site, you may be required to create an Account (including setting up a user ID and password and providing us with current, complete and accurate information). You are entirely responsible for maintaining the confidentiality of your password and Account. You should not re-use your Account password on third-party applications. You are entirely responsible for any and all activity that happens on or through your Account. If you learn of any unauthorized use of your password or Account, or any other breach of security, you agree to notify Nikola Innovation immediately. Nikola Innovation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nikola Innovation or any other user of or visitor to the Site due to someone else using your Account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
The Site may contain links to other websites and resources provided by third parties, such as links contained in advertisements, including banner advertisements and sponsored links (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users and visitors. Nikola Innovation has no control over the contents of the Linked Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for those Linked Sites.
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Unless you obtain the prior written consent of Nikola Innovation, you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Nikola Innovation, including by linking within frames deep-linking or in-line linking. Nikola Innovation may withdraw linking permissions at any time, without notice.
Nikola Innovation may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nikola Innovation’s rights or property, or the rights or property of visitors to or users of the Site, including Nikola Innovation’s customers. Nikola Innovation reserves the right at all times to disclose any information that Nikola Innovation deems necessary to comply with 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, in its sole discretion. Nikola Innovation also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICE OR FEATURE OF THE SITE IS AT YOUR OWN RISK. NIKOLA INNOVATION DOES NOT MAKE ANY SPECIFIC PROMISE ABOUT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE. FOR EXAMPLE, NIKOLA INNOVATION DOES NOT MAKE ANY COMMITMENT THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NIKOLA INNOVATION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
NIKOLA INNOVATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIKOLA INNOVATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED BY OR THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NIKOLA INNOVATION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS PART OF THE BARGAIN BETWEEN THE PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NIKOLA INNOVATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF NIKOLA INNOVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF NIKOLA INNOVATION IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, NIKOLA INNOVATION’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST NIKOLA INNOVATION, OR (2) $100.00 USD. IN ALL CASES, NIKOLA INNOVATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
GOVERNING LAW AND DISPUTE RESOLUTION
Nikola Innovation is based in the state of Ohio in the United States and provides this Site for use only by persons located in the United States. Nikola Innovation makes no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
UNSOLICITED IDEA SUBMISSION POLICY
Nikola Innovation or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Nikola Innovation or anyone at Nikola Innovation. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Nikola Innovation’s products or marketing strategies might seem similar to ideas submitted to Nikola Innovation. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (1) your submissions and their contents will automatically become the property of Nikola Innovation, without any compensation to you; (2) Nikola Innovation may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Nikola Innovation to review the submission; and (4) there is no obligation to keep any submissions confidential.