IMPORTANT: BY USING THE NVC LOGISTICS GROUP (NVC DIRECT, NVC EXPRESS & MYNVC.COM WEBSITE (THE "SITE"), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND ACCESS (THE "TERMS"). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, DO NOT USE THE SITE.
1. GENERAL The Terms are entered into by and between you and NVC Logistics Group, Inc. ("NVC"). For the purposes of these Terms, NVC also includes NVC's subsidiaries. In consideration of your use of and access to the Site and the promises and obligations herein, and intending to be legally bound, you hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any Revisions (as defined below) that may be issued by NVC to these Terms from time to time. Among other things, the Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by NVC in no way override the terms and conditions of your purchase of any product or service. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), and you are expressly granted access to such areas by NVC, those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail. You further agree that these Terms (including, without limitation, any applicable Specific Terms) are the complete and exclusive statement of the agreement between NVC and you with respect to your access to and use of the Site, and supersedes and merges all prior proposals, understandings and all other agreements, oral and written, relating to the subject matter hereof. Any provision of these Terms which is prohibited by or unlawful or unenforceable under any applicable law of any jurisdiction will be ineffective to the extent that it is unlawful or unenforceable as to such jurisdiction without affecting any other provision of these Terms. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that these Terms be deemed to be a valid and binding agreement enforceable in accordance with the terms hereof.
2. CHANGES IN TERMS
NVC shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site (such revisions and/or new terms and conditions, collectively, the "Revisions"). The Revisions shall be effective upon (i) their posting to the Site, and (ii) a posting of a notification on the home page of the Site stating that the Terms have changed, which shall remain on the home page for a minimum period of one (1) week from the date that the Revisions are posted. You are responsible for visiting the Site periodically to review the Revisions. You agree that you shall be deemed to be apprised of and bound by such Revisions. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER THE POSTING OF THE NOTICE OF THE REVISIONS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISIONS. No modification to these Terms by any party other than NVC shall be valid or enforceable against NVC unless expressly agreed to by NVC in a writing signed by a duly authorized officer of NVC.
These Terms are effective until terminated by NVC. NVC may terminate these Terms without notice and at any time, with respect to you or any or all users of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site. NVC shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof. In the event of a termination of these Terms or your access to and use of the Site, Sections 3, 4, 5, 6, 7, 9 and 10 shall survive and continue in full force and effect.
4. SITE CONTENT
Unless specifically permitted herein, no information or materials on the Site may be reproduced in any form or by any means without the prior written consent of NVC. Information on the Site may be displayed, printed, or reproduced only for your personal, non-commercial use, provided materials are not modified and all notices and copyrights are contained in the materials. The Site and the information and materials found therein are the property of NVC or its licensors and are protected by United States copyright laws and international treaty provisions. You acknowledge that NVC owns and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other proprietary rights in the Site and all related materials and information. You will not attempt to access any password protected areas of the Site unless and until NVC has agreed, in its sole and absolute discretion, to enter into a separate agreement with you with respect to its products and services. While NVC uses reasonable efforts to ensure the quality and accuracy of the information and materials on the Site (as at the date of the original publication), we make no warranty or representation whatsoever with regard to such information and materials including, without limitation, as to the accuracy or completeness of such information and materials.
NOTWITHSTANDING THE FOREGOING, THE SITE, AND THE INFORMATION AND MATERIALS CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE. NVC MAKES NO WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE, OR THE INFORMATION OR MATERIALS, WILL BE UNINTERRUPTED, VIRUS-FREE, ERROR-FREE OR COMPLETELY SECURE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Reference to any product or service does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
5. GOVERNING LAW AND JURISDICTION
The Site is controlled and managed by NVC from its offices within the United States. Those who choose to access the Site from non-U.S. locations are responsible for compliance with applicable local laws. The Site and its content have been specifically designed for use solely in the United States and Canada. You must not use the Site or its content in countries where it is restricted or prohibited by local laws, regulations, codes or customs. NVC makes no representation that the information is appropriate or available for use in the other locations. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of laws principles. By using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court located in Newark, New Jersey and the Superior Court of the State of New Jersey for Bergen County to resolve any dispute arising out of or in connection with these Terms or the Site, and waive any objections thereto. No action based these Terms or the Site may be brought by you more than one (1) year after such claim or cause of action arose.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL NVC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITE (AND/OR THE INFORMATION OR MATERIALS CONTAINED THEREIN AND DISSEMINATED THEREFROM), EVEN IF NVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED.
Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If your use of materials from the Site results in the need for servicing or repair of data or equipment, such costs are assumed by you.
7. DATA COLLECTION AND USE/PRIVACY
When you request information through the Site (information exchange, e-mailing, subscribing to news), personal information may be needed, like name, address, contact information, e-mail address; or for employment related service limited data about previous employment, education, family and financial details. Your personal data will be processed only to provide the services requested in the form required. This information will not be given to anyone else without your permission and we will not use your personal data for a purpose for which you have not given us your consent. You may choose to give this consent in advance by indicating so in the 'opt-in' box at the point that personal data is initially collected. If your personal data is collected in the course of a customer or delivery partner relationship, we may contact you regarding items that may be of interest. In this case, an opt-out option will be provided. In the event of any merger, equity sale, sale of all or part of NVC's assets, or other material transaction involving NVC's business, products and/or services, NVC may transfer your information to a third party who shall have the right to utilize such information consistent with the terms hereof.
The law of the State of California permits the Site's visitors from such State to request certain information regarding disclosures, if any, of the personal information of such visitors to third parties (including NVC's affiliates). To make such a request, please contact NVC at the email address below and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty (30) days of receipt of your request.
The Site is best viewed with Internet Explorer 6.0 or higher and requires that your browser accept "cookies." A "cookie" is a small data file transferred by a web site to your computer's hard drive. Cookies are sent when you register, surf our site, request or personalize information, or register yourself for certain services.
You agree to defend, indemnify and hold harmless NVC, its subsidiaries, affiliates and vendors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms and/or your access to or use of the Site. Your obligations pursuant to this Section 9 shall survive termination of these Terms, the Site and any product or service provided to you arising out of or relating to your use of the Site.
10. THIRD PARTY SITES
Links to other internet sites operated by third parties, including NVC vendors, do not constitute sponsorship, endorsement or approval by NVC of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by NVC, and NVC is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation, privacy policies and practices. Links to other websites are provided for your convenience only and you access them at your own risk.
Questions and Suggestions
If you have questions or suggestions, please contact us at:
NVC Logistics Group One Pond Road Rockleigh, NJ 07647
The Site and its contents are © 2010 - NVC Logistics Group, Inc. "NVC", "NVC Logistics Group", "NVC Direct" , "NVC Express" and "MyNVC" are our trademarks.