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These terms and conditions (these “Terms”) govern your use of any website or mobile application and owned or operated by Nivindel, LLC, its subsidiaries and affiliates, including Nivindel, LLC websites around the world (collectively, the “Site”) where these Terms appear or are linked. These Terms are subject to change by Nivindel, LLC, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Modified Date” referenced on the bottom of this Site location. You should review these Terms prior to using the Site.
Additional terms and conditions may apply to some products, software, or services offered by Nivindel, LLC and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotional offers, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.
You should also carefully review our Privacy Policy before using the Site as it also govern your use of the Site and our services.
Please read these Terms carefully before using the Site. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND NIVINDEL, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
About us
We are Nivindel, LLC and we own and operate the hardwarejet.com website. Our mailing address is 175 Hutton Ranch Road, Suite 103, #311, Kalispell, MT 59901. You can contact us by mail at the above address, by email at info@hardwarejet.com or by telephone at 1-406-844-2550.
Use of the Site
When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Nivindel, LLC may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Nivindel, LLC that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:
• Access or attempt to access the Site other than through the interface that is provided by Nivindel, LLC, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of Nivindel, LLC;
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site or use the Site to infringe or violate any third party’s rights;
• Engage in any activity that disrupts or otherwise interferes with the Site (or the servers and networks which are connected to the Site), or our services;
• “Scrape”, duplicate, reproduce, copy, republish, license, sell, trade or resell the Site for any purpose;
• Divert or attempt to divert Nivindel, LLC customers to another website, mobile application, or service;
• Send unsolicited or unauthorized emails on behalf of Nivindel, LLC, including promotions and/or advertising of products or services;
• Restrict or inhibit any other person from using the Site or our services;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
• Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms; or
• Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or our services.
Nivindel, LLC reserves the right to refuse service, in its sole discretion, at any time, for any lawful reason, without notice. Nivindel, LLC reserves the right to withdraw or amend the Site, and any service or material we provide on the Site, in its sole discretion, at any time, for any reason, without notice. NIVINDEL, LLC WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE SITE, OR THE SITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.
Posting content on the Site
You may post content on the Site, including, but not limited to, testimonial, feedback, reviews, and blogs. If you post content on the Site, you agree to comply with our Privacy Policy, and these Terms. You acknowledge and agree that you are solely responsible for all content and the accuracy of all content you make available in connection with the Site. You represent and warrant that:
• You and not someone else composed and posted the content on the Site;
• You own or otherwise control all of the rights to the content that you post on the Site;
• You have the authority to grant the rights in such content; and
• Such content, and the use of such content, will not violate these Terms.
Unless we indicate otherwise, you grant Nivindel, LLC an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, and create derivative works, incorporate and imbed into other works, and distribute, and display such content throughout the world in any medium or form now existing or later created. You also agree to the following:
• We may use the content for any purpose;
• We may use the comment with or without any pseudo (pen) name credit;
• The reprint or use of the content will be at our discretion and without compensation; and
• We may use the content locally, nationally, or globally and such use may be made in any media, information or communication platform (including Internet advertising) currently in use or later developed.
Nivindel, LLC has the right, but not the obligation, in its sole discretion, at any time, for any reason, to monitor, analyze, edit, move, remove, or refuse to make available any content made available through the Site. Nivindel, LLC takes no responsibility and assumes no liability for any content you post, upload, or otherwise make available through your use of the Site. You are solely responsible for any content you post, upload, or otherwise make available through your use of the Site.
Nivindel, LLC may, in its sole discretion, at any time, remove or deny content for any reason, including, but not limited to, when the content contains any of the following:
• Hyperlinks/URLs;
• References to other stores/resellers;
• Comments on products that were either physically damaged or misused;
• Comparisons to competing brands/products of competing brands;
• References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation; such as overclocking, hacked drivers, tweaking/modding, and etc.; or
• Replies to existing customer reviews; please do not attempt to initiate discussions here.
You are prohibited from posting content on the Site that is:
• Offensive or abusive;
• Obscene, pornographic, or otherwise objectionable;
• Illegal;
• False, fraudulent, inaccurate, or misleading;
• Derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any person or entity;
• Violent or threatening, or promotes violence or actions that are threatening;
• Infringing the rights of others, including, but not limited to patent, copyright, trademark, trade secret, trade dress, right of privacy, or any other proprietary right;
• Intending to cause harm, damage, or otherwise interferes with the Site and our services;
• Violating any of our policies;
• Violating any local, state, federal, or international laws;
• Injurious to third parties; or
• Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
Registering for an account
To register for a hardwarejet.com account, you must provide us with your personal information, including your name, email address, and password. It is a condition of your use of the Site that all the information you provide on the Site is accurate, current and complete. Your user name and password are for your personal use only. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event your password is lost or stolen it is your responsibility to change your password through our Site.
Nivindel, LLC may, in its sole discretion, at any time, for any reason, deactivate, block, or freeze your account.
Orders
Your order is an offer to Nivindel, LLC to buy the product(s) and services listed in your order along with a order number. When you place an order to purchase a product and/or service from Nivindel, LLC, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that we have received your order; it does not constitute Nivindel, LLC’s acceptance of your order or Nivindel, LLC’s confirmation of our offer to sell. An order is not binding upon Nivindel, LLC until it is accepted; Nivindel, LLC must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Once payment is received and an order is accepted, Nivindel, LLC will issue an invoice to you and a contract will come into existence between you and us. Nivindel, LLC may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, Nivindel, LLC may, in its sole discretion, cancel your order and limit order quantity. Where your order is declined, cancelled or limited, we will inform you of this by appropriate means and you will not be charged. If however, your order is limited or canceled after your credit card has been charged for the purchase, Nivindel, LLC will issue a credit to your credit card account in the amount of the charge.
We may process payment for and ship parts of your order separately.
You consent to receive sales invoices electronically. Electronic invoices will be made available in html format in the “your account” area of the Site or can be emailed to you in PDF format.
Some products and services are sold and shipped by third-party sellers through Nivindel, LLC’s site. Nivindel, LLC is the seller of record and the contract is formed between you and Nivindel, LLC. When you place an order for a product or service sold by a third-party seller, we will provide the third-party seller with the information necessary to process and fulfill the order, in accordance with the terms of Nivindel, LLC’s Privacy Policy.
We allow you to backorder an item that is out of stock or order more of an item that we have in stock. An order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your backordered item is in stock and ready to ship. If you purchase an in-stock item with a backorder item, you will be charged accordingly for the available product and the difference when your backordered item is in stock and ready for shipment. You will be kept up-to-date via the Site and through standard Order Status emails to your email address on file.
In order to place an order with Nivindel, LLC, you must provide us with your name, shipping address, billing address, telephone number, and payment information, such as your credit card number, billing address, credit card expiration date, and credit card security code. You represent and warrant to Nivindel, LLC that the credit card information or other payment method information you provide to Nivindel, LLC is accurate and complete and that you are authorized to use such credit card or payment method for the purchase.
Terms of payment are within our sole discretion and we must receive payment before our acceptance of an order. Depending on your location and order total amount, we may accept any of the following payment methods:
• Visa
• MasterCard
• American Express
• Discover
• PayPal
• Wire Transfer
Your total cost for the purchase of any product will include the shipping and handling charges shown on your invoice. Your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund.
Nivindel, LLC will arrange for shipment of ordered product(s) to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. Title to the product(s), with the exception of software, will also pass to you upon delivery to the carrier. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. Nivindel, LLC will advise you of estimated shipping dates, but Nivindel, LLC will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Under applicable state laws, sales tax will be charged for orders shipping into states where Nivindel, LLC is required to collect tax. Therefore, all orders shipped will be charged applicable sales tax according to your area’s tax rate except for the states of Alaska, Delaware, Montana, New Hampshire, and Oregon. Please note that even if Nivindel, LLC does not collect state sales tax, you are required to pay it when you file your state taxes.
If you are a tax-exempt organization or reseller, you can receive a tax exemption on your Nivindel, LLC orders by including your Tax-Exempt identifier in the special instructions field at checkout. Taxes will be waived and your Order total adjusted after your order is placed through the Site.
When ordering products from Nivindel, LLC for delivery from outside of your jurisdiction, you may be subject to import duties, taxes and/or other comparable fees, which are levied once the package reaches the destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Contact your local customs office for further information. You are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Cross-border deliveries are subject to opening and inspection by customs authorities. Title to the Products will transfer from Seller to Customer when the Products reach the designated terminal at the designated airport in the country of importation. Risk of loss or damage to the Products will also transfer from Seller to Customer when the Products reach the designated terminal at the designated airport in the country of importation. Seller will use commercially reasonable efforts to arrange for the delivery of the Products to Customer's location. However, Customer will bear all risk of loss or damage to the Products from the point when the Products reach the designated terminal at the designated airport in the country of importation until the point when the Products reach Customer's location. All shipping charges will be paid by Customer and will include insurance for the Product(s) while in transit. Customer must obtain, at its own risk and expense, any import license or other official authorization required by the country of importation. Customer must carry out all customs formalities for the import of the Products in the country of importation.
We do not sell products for purchase by children. Any children’s products for purchase are for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Nivindel, LLC with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
We will update you of your order status via email. All tracking information will be emailed to your email address of record once your order has shipped (except when an APO/FPO/DPO is the shipping destination). You may also obtain your order status and other live updates by logging in to your account on the Site.
Nivindel, LLC does not guarantee same day-shipping. We do not process orders on Saturdays, Sundays or U.S. holidays. If you purchase an item from a third-party seller through our Site, that third-party seller is responsible for shipping the item to you.
You may cancel your order for a product at no cost any time before the order has been processed and shipped provided that Nivindel, LLC has sufficient time to cancel the order.
Returns
All product returns require a Return Merchandise Authorization ("RMA") number. You must request a return within 90 days of the delivery date. Products that are received by Nivindel, LLC in any of the following conditions are not eligible for return and may be rejected:
• Any product that does not exhibit the described reason for the return (e.g., a return initiated for a DOA, however the product that powers on and works properly upon inspection).
• Any product with a missing, damaged, altered, or otherwise unreadable serial number label, missing UPC Code, manufacturer model or part number label, and/or warranty label.
• Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product.
• Any product that exhibits physical damage or arrives Dead on Arrival (DOA). If your product arrives damaged, please contact our support department either by phone at 1-406-844-2550 or by email at info@hardwarejet.com for additional instructions on how to resolve this issue. Any products that arrive physically damaged or DOA are not considered a return.
• Any product for which you have submitted a mail-in rebate.
• Any product which appears tampered with, customized or altered in any way.
• Any product that is returned with markings or writing made by the customer on the original box.
A restocking fee of 20% or $20.00 (whichever is greater) will apply to all returns. You will not be credited for any shipping expenses. You are responsible for payment of return shipping carrier expenses.
Products
Unless expressly indicated otherwise, Nivindel, LLC is not the manufacturer of the products sold on the Site. Actual product packaging and materials may contain more and different information to that displayed on the Site. Constituent elements may also change. All information about the products on the Site is provided for information purposes only, and NIVINDEL, LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SITE’S ACCURACY. We recommend that you do not rely solely on the information presented on the Site. Please always read labels, warnings and directions provided with the product before use.
TO THE FULLEST EXTENT PERMITTED BY LAW, NIVINDEL, LLC ACCEPTS NO LIABILITY AND RESPONSIBILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS BY MANUFACTURERS OR OTHER THIRD PARTIES.
Nivindel, LLC does not offer any technical assistance for products ordered through hardwarejet.com. We cannot offer advice on compatibility of items, make product recommendations, or provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted on the Site.
The “must be purchased with hardware” precept is mandated by the software publisher. In accordance, Nivindel, LLC customers must purchase some type of product that falls under the general category of computer hardware in order to purchase the applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that can qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.
We do not have a reseller or discount program available. Nivindel, LLC already offers our best possible price for you, and offers the same discounts to all of our customers through the Site. Resellers are welcome to markup products sold through the Site.
Promotions
Promotional offers, Deals, Promo Codes, Coupon Codes, Rebates, Gifts, Combo Specials, Bundle Specials, Discounts, and etc. (collectively, “Promotions”) are subject to change without notice. In addition, Nivindel, LLC reserves the right to modify or cancel Promotions at any time, for any reason, and without notice, but will honor orders already placed.
Site Content
All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Nivindel, LLC, its suppliers, licensors, or other providers of such material and is protected United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nivindel, LLC and its suppliers and licensors expressly reserve all intellectual property rights in all content.
The HardwareJet name, logos, service names, designs, and slogans are trademarks of Nivindel, LLC. You must not use such marks without the prior written permission of Nivindel, LLC. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nivindel, LLC.
All prices are displayed in the currency of the jurisdiction of the country you have selected when accessing the Site.
All pricing is subject to change without notice, and Nivindel, LLC reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes and other extenuating circumstances.
It is possible that an item in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. IF WE HAVE MADE A MISTAKE AND A PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE ON THE SITE, WE MAY EITHER CONTACT YOU BEFORE SHIPPING TO ASK WHETHER YOU WANT TO BUY THE PRODUCT AT THE CORRECT PRICE OR CANCEL YOUR ORDER. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
Nivindel, LLC may limit the number of products available for purchase. Nivindel, LLC may, in its sole discretion, at any time, for any reason, change the quantities available for purchase.
We list availability information for products sold by us on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process your order, we will inform you by email as soon as possible if any products you order turns out to be unavailable. Nivindel, LLC shall at its sole discretion, at any time, have the right to refuse or cancel any order for a product that is unavailable. If such order is canceled after your credit card has been charged for the purchase, Nivindel, LLC will issue a credit to your credit card account in the amount of the charge.
Prices and availability of products are subject to change without notice. Any changes to Nivindel, LLC-controlled prices, specifications and terms will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Nivindel, LLC strives for accuracy in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on the Site. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Nivindel, LLC reserves the right at any time and without notice to update product information and to correct and/or remove product-related errors, inaccuracies, or omissions. To the fullest extent permitted by law, Nivindel, LLC shall at its sole discretion have the right at any time to refuse and/or cancel any order for a product whose listing on the Site contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your credit card has been charged for the purchase, Nivindel, LLC will issue a credit to your credit card account in the amount of the charge. Additionally, all hyperlinks to other websites from Nivindel, LLC are provided as resources to customers looking for additional information and/or professional opinion. Nivindel, LLC does not assume responsibility for the claims and/or representations made on these or any other websites.
NIVINDEL, LLC IS NOT RESPONSIBLE FOR CHANGES OR VARIATIONS IN PRODUCT SPECIFICATIONS AND/OR PHYSICAL APPEARANCE. In the interest of our customers, Nivindel, LLC puts forth commercially reasonable efforts to ensure that all product information is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on the Site to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Nivindel, LLC relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. CONSEQUENTLY, NIVINDEL, LLC WILL NOT BE HELD RESPONSIBLE FOR PRODUCT REVISION CHANGES.
All links to other websites from Nivindel, LLC are provided as resources to customers looking for additional information and/or professional opinion. To the fullest extent permitted by law, Nivindel, LLC does not assume responsibility for the claims and/or representations made on these or any other websites. IF YOU ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE POLICIES AND TERMS AND CONDITIONS FOR SUCH WEBSITES.
Reporting claims of infringement of intellectual property rights
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Nivindel, LLC infringe your copyright, you may request removal of those materials (or access to them) from Nivindel, LLC by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• A physical or electronic signature of the copyright owner or a person who is authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Nivindel, LLC
175 Hutton Ranch Road
Suite 103, #311
Kalispell, MT 59901
Phone: (406) 844-2550
Email: info@hardwarejet.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Nivindel, LLC is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-notification procedures
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
• Your name, mailing address, telephone number, and email address;
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Nivindel, LLC may be found) and that you will accept service from the person (or an agent of that person) who provided Nivindel, LLC with the complaint at issue.
Completed Counter-Notices should be sent to:
Nivindel, LLC
175 Hutton Ranch Road
Suite 103, #311
Kalispell, MT 59901
Phone: (406) 844-2550
Email: info@hardwarejet.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In order to remove trademarks, service marks, and/or trade dress infringing content, please send a notice of trademark infringement containing the following information to Nivindel, LLC:
• A physical or electronic signature of the trademark owner or a person who is authorized to act on behalf of the trademark owner;
• Identification of the trademark, service mark, and/or trade dress you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Notices of trademark infringement should be sent to:
Nivindel, LLC
175 Hutton Ranch Road
Suite 103, #311
Kalispell, MT 59901
Phone: (406) 844-2550
Email: info@hardwarejet.com
In order to remove infringing content, please send a notice of infringement containing the following information to Nivindel, LLC:
• A physical or electronic signature of the owner of the other intellectual property right or a person who is authorized to act on behalf of the owner of the intellectual property right;
• Identification of the other intellectual property right you believe to have been infringed;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Your name, mailing address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and
• A statement by you that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Notices of infringement of other intellectual property rights should be sent to:
Nivindel, LLC
175 Hutton Ranch Road
Suite 103, #311
Kalispell, MT 59901
Phone: (406) 844-2550
Email: info@hardwarejet.com
Nivindel, LLC takes the protection of intellectual property rights very seriously. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Miscellaneous
Nivindel, LLC does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with Nivindel, LLC unless you have provided clear and conspicuous notice to Nivindel, LLC and have received prior written consent from Nivindel, LLC.
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Nivindel, LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
NIVINDEL, LLC IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NIVINDEL, LLC ARE NOT MANUFACTURED BY NIVINDEL, LLC. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. NIVINDEL, LLC SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. NIVINDEL, LLC ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
NIVINDEL, LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH NIVINDEL, LLC ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR NIVINDEL, LLC, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, NIVINDEL, LLC DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.
SUBJECT TO THE PRECEDING PARAGRAPH, NIVINDEL, LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY NIVINDEL, LLC AT THE TIME OF ENTERING INTO THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW AND IN ALL CIRCUMSTANCES NIVINDEL, LLC’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD TO WHICH YOUR CLAIM RELATES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of this section do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Nivindel, LLC reserves all rights, defenses and permissible limitations under the law of your State of residence.
Any dispute arising out of or related to these Terms or the sales transactions between you and Nivindel, LLC be governed by the laws of the State of Montana, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Nivindel, LLC agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Site including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Kalispell, Montana or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND NIVINDEL, LLC, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND NIVINDEL, LLC EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Nivindel, LLC that is more than one year after the date of the applicable invoice.
Nivindel, LLC is not authorized to do business in every jurisdiction. Information published on the Site may contain references or cross-references to goods or services that are not available in your state or country.
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
If any provision contained in these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers and Third-Party Sellers referred to in the Terms – such manufacturers and Third-Party Sellers will only have right to enforce any terms against you (and not against Nivindel, LLC), including any limitation or exclusion of liability in favor of Nivindel, LLC under these Terms.
These Terms, together with Nivindel, LLC’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between Nivindel, LLC and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Nivindel, LLC and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
This document was last modified on July 13th, 2024