Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY.
These terms of use describe the rules for users (“you” or “your”) of the NICO Corporation (“we,” “us,” “our”) web site (“NICO Corporation web site”). NICO Corporation’s web site may be used only for information purposes. By using NICO Corporation’s web site or downloading materials from NICO Corporation’s web site, you agree to abide by the terms of use set forth in this notice (“Terms of Use”) and NICO Corporation’s Privacy Policy (“Privacy Policy”). If you do not agree to abide by the Terms of Use and the Privacy Policy, do not use NICO Corporation’s web site in any manner including but not limited to uploading or downloading any information or material.
NICO Corporation’s web site is owned and operated by NICO Corporation. NICO Corporation is the name we use to refer to our whole business, including NICO Corporation (“NICO Corporation”) with its worldwide headquarters at 250 E. 96th Street, Suite 125, Indianapolis IN U.S.A.
NICO Corporation may change the Terms of Use at any time. By using NICO Corporation’s web site, you represent and warranty that you accept these and any future version of the Terms of Use. These Terms of Use were last updated on 1 November 2020.
The Terms of Use apply exclusively to your access to and use of NICO Corporation’s web site and do not alter the terms or conditions of any other agreement you may have with NICO Corporation or affiliates regarding other topics than the use of NICO Corporation’s web site.
Please read our Privacy Policy to understand the privacy rules about your use of NICO Corporation’s web site. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on NICO Corporation’s web site, the Terms of Use and our Privacy Policy are the complete agreement between you and NICO Corporation with respect to your use of NICO Corporation’s web site. You may be subject to additional terms that may apply when you access particular services or materials on certain areas of NICO Corporation’s web site or by following links that take you away from NICO Corporation’s web site.
The information contained in NICO Corporation’s web site (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services.
A reference to a NICO Corporation product or service on NICO Corporation’s web site does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. NICO Corporation’s web site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
NICO Corporation’s web site may contain from time to time information related to various health and medical conditions and their potential treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you.
Copyrights and Trademarks. The contents of NICO Corporation’s web site are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of NICO Corporation is prohibited except in accordance with the following terms. NICO Corporation consents to you browsing NICO Corporation’s web site on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to NICO Corporation; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without the prior written consent from an authorized NICO Corporation representative. Individual documents on a NICO Corporation’s web site may be subject to additional terms indicated in those documents.
The trademarks, service marks, trade names, trade dress and products contained in NICO Corporation’s web sites are protected in the United States and internationally. NICO Corporation is a registered trademark of NICO Corporation. Other product and company names mentioned in NICO Corporation’s web site may be trademarks or trade names of their respective owners. Your access to NICO Corporation’s web site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on NICO Corporation’s web site without the prior written consent of an authorized NICO Corporation representative or the third-party owner thereof except to identify the products or services of the company.
If you believe that your intellectual property has been improperly used on NICO Corporation’s web site please contact NICO Corporation using the contact information provided below.
Software. Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, “Software”), used or accessible by means of NICO Corporation’s web site may be used by you solely for accessing and using NICO Corporation’s web site for purposes and according to the conditions expressly stated on the NICO Corporation web site. NICO Corporation retains full and complete title to and all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.
User Representations. In using NICO Corporation’s web site, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the NICO Corporation web site, or any services, system resources, accounts, servers or networks connected to or accessible through the NICO Corporation web site or affiliated or linked web sites; (b) not to disrupt or interfere with any other user’s enjoyment of the NICO Corporation web site or affiliated or linked web sites; (c) not to upload, post, or otherwise transmit through or on any NICO Corporation web site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or system without authorization from NICO Corporation, or create or use a false identity on a NICO Corporation web site; (e) not to transmit through or on a NICO Corporation web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the NICO Corporation web site; (g) not to attempt to obtain unauthorized access to the NICO Corporation web site or portions of the NICO Corporation web site which are restricted from general access; (h) not use a NICO Corporation web site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation; (i) not to access the web site for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the web site; (j) not to use the web site for any unlawful purpose or for the promotion of illegal activities; and (k) circumvent, disable, or otherwise interfere with any security-related feature of the web site or features that prevent or restrict use or copying of content, or enforce limitations on use of the website or the content accessible on the web site.
Web Site Updates. All content available through NICO Corporation’s web site, including but not limited to data, product descriptions, specifications and SKUs are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service included on NICO Corporation’s web site. Specifications for products and services are subject to change without notice and NICO Corporation reserves the right to make changes without notice to processing, materials or configuration. NICO Corporation does not guarantee that products or services that are listed online will be available at the time of your order.
NICO Corporation may terminate, change, suspend or discontinue any aspect of NICO Corporation’s web site, including the availability of any features, at any time. NICO Corporation may remove, modify or otherwise change any content, including that of third-parties, on or from NICO Corporation’s web site. NICO Corporation may impose limits on certain features and services or restrict your access to parts or all of NICO Corporation’s web site without notice or liability. NICO Corporation may terminate the authorization and rights provided herein and your use of NICO Corporation’s web site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from NICO Corporation’s web site.
Links to Other Web sites. For your easy accessibility, NICO Corporation may include links to web sites on the internet that are owned or operated by third-parties to which this Terms of Use does not apply. NICO Corporation is not responsible for the content of such other web sites. You also agree that NICO Corporation has no control over the content on third-party web sites and cannot assume any responsibility for material created or published by such third-party web sites. Therefore, when linking to such a third-party web site, you should review and agree to that web site’s rules of use before using such web site. In addition, a summary and/or link to a non-NICO Corporation web site does not imply that NICO Corporation endorses the web site or the products or services, or warrants the accuracy of any content referenced in such third-party web site. NICO Corporation shall not be liable for any damages or injury arising from users’ access to or inability to access such web sites.
Links to a NICO Corporation Web site. All links to NICO Corporation’s web site must be approved in writing by NICO Corporation, except that NICO Corporation consents to links in which: (a) the link is a text-only link containing only the title of the page to which the link refers on NICO Corporation’s web site, (b) the link, when activated by a user, displays the page of NICO Corporation’s web site in full-screen and not within a “frame” on the linked web site, and (c) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by NICO Corporation or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of NICO Corporation or its affiliates. In any event you agree that NICO Corporation reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which NICO Corporation’s consent has been withdrawn.
Your Content and Ideas. By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and NICO Corporation may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Agreement, NICO Corporation’s Privacy Policy, or any other registered user agreement (if applicable); and (f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.
Prohibited Communications. NICO Corporation may, but is not obligated to, monitor or review (i) any areas on the web site where users transmit or post communications or communicate solely with each other, and (ii) the content of any such communications. NICO Corporation, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law. NICO Corporation reserves the right (but not the obligation) to remove or edit such content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.
If you do post content or submit material, and unless we indicate otherwise, you grant NICO Corporation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NICO Corporation and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NICO Corporation for all claims resulting from content you supply. NICO Corporation takes no responsibility and assumes no liability for any content posted by you or any third party.
Confidentiality. You hereby acknowledge and agree that any and all information may be accessed through the Internet, and hereby acknowledge and agree that there can be no assurance that the information, or any information provided to you through the Services, or any communication through E-mail will remain secure. In addition, NICO Corporation may disclose, license or otherwise commercially exploit information to any governmental entity, or other third party (a) for any purpose related to the conduct of NICO Corporation’s business or to offering, providing or maintaining the information or services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other business purpose.
Securities Disclaimer. NICO Corporation’s web site may contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events.
If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from NICO Corporation’s expectations and projections in these statements.
These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment.
NICO Corporation assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Any personally identifiable information transmitted to NICO Corporation’s web site is governed by NICO Corporation’s Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. NICO Corporation shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and/or developing, manufacturing and/or marketing goods or services.
Warranty. The use of NICO Corporation’s web site and the content therein is permitted for private, non-commercial use. The content in NICO Corporation’s web site is provided as a convenience to you. NICO Corporation will use reasonable efforts to include up-to-date and accurate information in its web site but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on NICO Corporation’s web site which are provided on “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, NICO Corporation and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of NICO Corporation’s web site, including all content, data or software distributed by, downloaded or accessed from or through a NICO Corporation web site is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that NICO Corporation does not control in any respect any information, products or services offered by third-parties through any web site including NICO Corporation’s web site. Except as otherwise agreed in writing, NICO Corporation and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or NICO Corporation’s web site.
NICO Corporation does not make any warranty that its web site or its content will meet your requirements, or that NICO Corporation’s web site or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does NICO Corporation make any warranty as to the results that may be obtained from use of NICO Corporation’s web site or its content or as to the accuracy, completeness or reliability of any information obtained through use of NICO Corporation’s web site.
NICO Corporation assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of NICO Corporation, its affiliates, its licensors, or a user’s own errors and/or omissions.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, NICO Corporation disclaims any warranty or representation that confidentiality of information transmitted through NICO Corporation’s web site will be maintained.
No advice or information, whether oral or written, obtained by you from NICO Corporation or third-parties through NICO Corporation’s web site shall create any warranty.
Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NICO CORPORATION OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE NICO CORPORATION’S WEB SITE OR ANY CONTENT CONTAINED ON NICO CORPORATION’S WEB SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NICO CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NICO CORPORATION WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NICO CORPORATION SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE PROVIDED BY LAW, NICO CORPORATION SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY PROVIDER, AND TO THE EXTENT PERMITTED BY LAW, NICO CORPORATION SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY THIRD PARTY SITE REFERENCED OR LINKED TO FROM THIS SITE. IN NO EVENT SHALL NICO CORPORATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. ANY INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OF LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR DOCUMENTS. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR RELATIONSHIP WITH NICO CORPORATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Arbitration. If any dispute or disagreement between you and NICO Corporation shall arise in connection with any interpretation of this Agreement, or its performance or nonperformance, the parties agree to submit to arbitration, in accordance with these provisions. The parties further agree that the arbitration process agreed upon herein shall be the exclusive means for resolving all disputes made subject to arbitration herein. Except, either party seeking equitable or injunctive relief may apply to a federal court in the Southern District of Indiana or in state court in Marion County, Indiana. You agree that all claims and disputes between the parties shall be resolved by binding arbitration by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. The arbitrator shall not have the power to amend this Agreement in any respect. The arbitral award may be entered as judgment and enforceable by any court of competent jurisdiction. You and NICO Corporation further agree that any arbitration held pursuant to this Agreement will be held in the City of Indianapolis, Marion County, Indiana, unless otherwise agreed to by both parties to this Agreement. All arbitration proceedings hereunder shall be confidential. Neither party shall disclose any information about the evidence adduced by the other in the arbitration proceeding or about documents produced by the other in connection with the proceeding, except in the course of a judicial, regulatory, or arbitration proceeding, or except as may be requested by governmental authority. Before making any disclosure as permitted by the preceding sentence, the party shall give the other party reasonable notice of the intended disclosure and an opportunity to protect its interests. Expert witnesses and stenographic reports shall sign appropriate nondisclosure agreements. A copy of the Code, Rules, and Fee Schedule of the AAA may be obtained by contacting the AAA via mail at: 225 North Michigan Avenue, Suite 2527, Chicago, Illinois, 60601-7601. The parties agree that all arbitrators selected shall be attorneys. This provision shall supersede any contrary rule or provision of the forum. This provision constitutes an express waiver of the right to court, jury, or administrative review. NICO Corporation is engaged in commerce using the United States Mail and Telephone service. Therefore, these Terms of Use are subject to the Federal Arbitration Act, 9 U.S.C. §1-14, as amended from time to time.
Waiver. NICO Corporation’s failure to insist at any time upon strict compliance with any provision of the Terms of Use, or any delay or failure on NICO Corporation’s part to exercise any power or right given to NICO Corporation in the Terms of Use, or a continued course of such conduct on NICO Corporation’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to NICO Corporation in the Terms of Use are cumulative and not exclusive of any other rights or remedies which NICO Corporation otherwise has at law or equity.
Indemnification. You shall defend, indemnify and hold NICO Corporation and any third party provider harmless from and against any and all claims, actions, proceedings, suits, losses, liabilities, damages, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, in connection with, or resulting from (a) any content you submit, post to or transmit through the web site, (b) any breach of or failure to carry out, perform, satisfy and discharge any covenant, warranty, or representation contained in the Terms of Use, (c) your use of the web site, your connection to the web site or your violation of any rights of another person or entity. NICO Corporation may, at its sole option, engage and manage, at your expense, the defense of any such action arising as described herein unless you specify that NICO Corporation shall conduct the expense.
Applicable Law. These Terms of Use shall be governed by the laws of the State of Indiana and claims shall be determined in the state and federal courts of the State of Indiana, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
Acknowledgement. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH NICO CORPORATION’S PRIVACY POLICY REPRESENT THE COMPELTE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you have questions about these Terms of Use, please contact NICO Corporation:
NICO Corporation
250 E. 96th Street, Suite 125, Indianapolis IN 46240
U.S.A.
888.632.7071 ext. 111
If the Terms of Use change, the revised Terms of Use will be posted on NICO Corporation’s web sites. Please check back periodically, and especially before you provide any personally identifiable information. This Terms of Use was last updated on 1 November 2020.