AGREEMENT BETWEEN USER AND NYKWOOWORKS.COM

 

Welcome to NYKWoodworks.com. The NYKWoodworks.com website (the "Site") is comprised of various web pages operated by, NYK Woodworks. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to, and understanding of all such Terms. If you do not agree with these Terms as stated herein, do not use this Site or access its content. Please read these Terms carefully, and maintain a copy for your reference.

 

NYKWoodworks.com is an E-Commerce Site specializing in custom woodworking products and services, such as: cutting boards, furniture, wood carving, milling, and other related personalized orders.  

 

PRIVACY

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Your use of NYKWoodworks.com is subject to NYK Woodworks' Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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ELECTRONIC COMMUNICATIONS

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Visiting our Site or sending emails to NYK Woodworks constitutes electronic communications. You consent to receive electronic communications, and you agree that all: agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. 

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YOUR ACCOUNT

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If you use this Site, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer. You agree to accept responsibility for any and all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NYK Woodworks is not responsible for third-party access to your account that results from theft or misappropriation of your account. NYK Woodworks and its associates reserve the right to refuse or cancel service, terminate accounts, remove and/or edit the Site’s content at our sole discretion. 

 

CHILDREN UNDER THIRTEEN

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NYK Woodworks does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of 18, you may use this Site ONLY with permission, and under the direct supervision of a parent or legal guardian. 

 

SHIPPING AND RETURN POLICY

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You may view a full and detailed description of our Site’s Shipping and Return Policy by clicking the associated link within this section, and you will be re-directed to the corresponding page. A link to this information will also be visibly located within the footer of every page, as it appears on NYKWoodworks.com.

 

LINKS TO THIRD-PARTY SITES AND THIRD-PARTY SERVICES 

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This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NYK Woodworks, and NYK Woodworks is not responsible for the contents of any Linked Site, including without limitation, any link contained within a Linked Site, nor any changes or updates to a Linked Site. NYK Woodworks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NYK Woodworks of any Linked Site, or any association with its operators. Certain services made available through our Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the NYKWoodworks.com domain, you hereby acknowledge and consent that NYK Woodworks may share such information and data with any third-party with whom NYK Woodworks has a contractual relationship to provide the requested product, service, or functionality on behalf of this Site’s users and customers. 

 

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY 

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You are granted a non-exclusive, non-transferable, revocable license to access and use NYKWoodworks.com, strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to NYK Woodworks that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could: damage, disable, overburden, or impair the Site; or interfere with any other party's use and enjoyment of the Site. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as: text, graphics, logos, images, as well as the compilation thereof. Any software used on the Site is the property of NYK Woodworks or its suppliers; and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

 

You will not: modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The content of NYKWoodworks.com is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NYK Woodworks and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NYK Woodworks or our licensors, except as expressly authorized by these Terms.

 

THIRD-PARTY ACCOUNTS

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You will be able to connect your NYK Woodworks account to third-party accounts. By connecting your NYK Woodworks account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, DO NOT USE THIS FEATURE. 

 

INTERNATIONAL USERS

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This Service is controlled, operated, and administered by NYK Woodworks from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NYK Woodworks Content accessed through NYKWoodworks.com in any manner or in any country prohibited by any applicable laws, restrictions, or regulations. 

 

INDEMNIFICATION

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You agree to indemnify, defend, and hold harmless: NYK Woodworks, its officers, directors, employees, agents, and third-parties, for any: losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to, or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, your violation of any applicable laws, rules, or regulations. NYK Woodworks reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will fully cooperate with NYK Woodworks in asserting any available defenses.

 

ARBITRATION

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In the event the parties are not able to resolve any dispute between them arising out of, or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration, pursuant to the Federal Arbitration Act. Arbitration will be conducted by a single neutral arbitrator and administered by the American Arbitration Association. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions, in addition to any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

 

CLASS ACTION WAIVER

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Any arbitration under these Terms and Conditions will take place on an individual basis. Class arbitrations and class/representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER, ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Furthermore, unless both you and NYK Woodworks agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

 

LIABILITY DISCLAIMER

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THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NYK WOODWORKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

NYK WOODWORKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT: THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH: INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND. NYK WOODWORKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO: THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYK WOODWORKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NYK WOODWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

TERMINATION AND ACCESS RESTRICTION

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NYK Woodworks reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of, or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that: no joint venture, partnership, employment, or agency relationship exists between you and NYK Woodworks as a result of this agreement or use of the Site. NYK Woodworks’ performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of NYK Woodworks’ right to comply with: governmental, court and law enforcement requests, or requirements relating to your use of the Site or information provided to, or gathered by NYK Woodworks, with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. 

 

ENTIRE AGREEMENT

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Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NYK Woodworks, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and NYK Woodworks, with respect to the Site. A printed version of this agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this agreement, to the same extent, subject, and to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

CHANGES TO TERMS​

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NYK Woodworks reserves the right, in its sole discretion, to change the Terms under which NYKWoodworks.com is offered. The most current version of the Terms will supersede all previous versions. NYK Woodworks encourages you to periodically review the Terms to stay informed of our updates.

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CONTACT US​

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NYK Woodworks welcomes your questions regarding the Terms:

 

Mailing Address:

 

NYK WOODWORKS

ADDRESS

CITY, NY 12345

 

Email Address: Email@NYKWoodworks.com

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Telephone Number: (555) 555-5555

 

Effective / Updated On: November 05, 2021