These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.installeralert.com (the “Website”), your use of the Service (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website and the Service.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR SERVICE.
Your contracting partner is NINA LLC, a limited liability company established in California.
The National Installer Network of America is an organization that was formed to serve both professional automotive accessory installers and automotive accessory manufacturers. For installers, NINA serves as a business driver, creating opportunities for local installers to get their business in front of consumers who have purchased a product that requires a professional installation. For brands, NINA serves as an opportunity to not only drive new sales but also find a bit of peace of mind in the unpredictable retail environment. All services provided by NINA to you by means of your use of the Website are hereafter referred to as the “Service”.
“Fee” - means YOUR payment to NINA, made in exchange for the Service.
“You” - means the user of the Website together with any legal business entity, which has been created for the purpose of owning and exploiting the rights for which the Service is used.
You have to be 18 years of age or older to use the Service. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal business entity, that you are authorized to enter into, and bind the entity to, these User Terms and use the Service.
YOUR USE OF THE SERVICE
You warrant that the information you provide to NINA is accurate and complete. NINA is entitled at all times to verify the information that you have provided and to refuse to provide the Service to you based on the information you provide or for any other reason.
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold NINA, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including any employees or independent contractors that may have provided services related your project, or (c) your use or misuse of the Service.
This Agreement and all actions arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of California or of any other state, and without regard for your state of residence or the state in which your project is produced.
You agree to perform all further acts and execute, acknowledge, and deliver any documents, which may be reasonably necessary, appropriate, or desirable to carry out the provisions of these User Terms.
The information, recommendations and/or services provided to you on or through the Website, the Service is for general information purposes only and does not constitute advice. NINA will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website is free of errors, defects, malware and viruses or that the Website is correct, up to date and accurate.
NINA shall not be liable for any damages resulting from the use of or inability to use the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of NINA.
NINA shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, NINA's aggregate liability shall in no event exceed an amount of five hundred dollars ($500).
INTELLECTUAL PROPERTY OWNERSHIP
NINA alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Service, or any intellectual property rights owned by NINA. NINA's name, logo, and the Service are trademarks of NINA, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond NINA's control.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
NINA reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service or via email. NINA may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
NINA may give notice by means of a general notice on the Service or Website, or by electronic mail to your email address on record in NINA's account information, or by written communication sent by regular mail to your address on record in NINA's account information.
You may not assign your rights under these User Terms without prior written approval of NINA.