Terms and Conditions of Using the Website
The contents of NMBS’ Website, such as text, graphics, images, logos, trademarks, service marks, specifications, technical guidelines, catalogs, design tools, software, data, information, and other material contained on the Website are protected by copyright, trademark, and/or other laws of the United States and other countries. Ownership of the content remains with NMBS, its licensors, or third-party content providers. The content of the Website and related features are subject to change or termination without notice in the sole discretion of NMBS. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to NMBS and its licensors.
In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Website for any purpose in violation of local, state, national or international laws, (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the content or use, redistribute, republish or exploit the content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (d) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through this Website, (e) interfere with, interrupt, damage, disable, overburden, or impair the Website, the content or the services made available on or through the Website, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic email address information or similar methods of technology, (f) attempt to gain unauthorized access to other computer systems through the Website; or (g) assist anyone else in doing any of the above.
NMBS’ Design Tools
You understand and agree that using the Deck Design Tool, the Joist Tool, or other tools, and functionality on the Website (“Design Tools”) is for the sole purpose of identifying potential NMBS Decking or Joist options that meet the parameters that you enter into the Design Tools. Any NMBS Decking configurations returned by the Design Tools are simply suggestions from NMBS’ catalogs. The information provided by the Design Tools is for general information only and is not to be used or relied upon for any application.
We constantly update the features of our Website to better serve you and all our customers, so these Terms and Conditions may also be revised from time to time. NMBS may modify these Terms and Conditions without advance notice and any modifications are effective when they are posted here. By using our Website, you indicate your understanding and acceptance of the Terms and Conditions posted at the time of your use. If you have any questions, please contact us at your convenience.
Your use of the Website and the content is at your own risk. NMBS IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE WEBSITE; NOR IS NMBS RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE WEBSITE OR OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE. FURTHERMORE, WHEN using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of NMBS. Accordingly, NMBS assumes no liability for or relating to any delay, failure, interruption, or corruption of any data or other information or material transmitted to or received from this Website.
The Website and its content are provided on an “AS IS WHERE IS” basis. NMBS, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTYS’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
To the best of NMBS’ knowledge, the information contained in the content is accurate. However, NMBS, its licensors, and its third-party content providers make no representations or warranties, either express or implied, that the content included in or available through the Website is accurate, reliable, current or correct; that the content will be available at any particular time or location; that any defects or errors will be corrected, or that the content is free of viruses or other harmful components.
In no event shall NMBS, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Website or its content, including but not limited to the use of the Design Tools, whether based on warranty, contract, tort, or any other legal theory, and whether or not NMBS, its licensors, its third party content providers mentioned on the Website are advised of the possibility of such damages.
Any claims arising in connection with your use of the Website or any content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided in these Terms and Conditions.
You agree to defend (using counsel acceptable to NMBS, in its sole discretion), indemnify and hold NMBS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all liabilities, claims, expenses, causes of action, demands, settlements, and/or damages (including reasonable attorneys’ fees and costs) resulting from, or alleged to result from: (i) or use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) information or material provided to NMBS by you; (iv) a third-party’s rights (including, but not limited to, patents, copyrights, trademarks, trade secrets, or other proprietary right, moral rights, rights of privacy, and reputational rights) that were violated by any information or material provided to NMBS by you or by NMBS’ publication or other lawful use of any information or material provided to NMBS by you. NMBS reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NMBS in asserting any available defenses.
You expressly agree that exclusive jurisdiction for any dispute with NMBS, or in any way relating to your use of this Website, resides in the state courts of Allen County, Indiana, and in the federal courts of the Northern District, Fort Wayne Division, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving NMBS or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors.
These Terms and Conditions are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principals. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other term or condition. These Terms and Conditions constitute the entire agreement between you and NMBS with respect to the use of the Website and its content.