Terms and Conditions

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE USING THIS SITE. Your use of the Nau.com website (“Siteâ€?) signifies your agreement with the following terms of use (the “Termsâ€?). By using this Site, you agree to follow and be bound by the Terms. Nau, Inc. and its affiliates (together, “Nauâ€?) reserve the right, in their sole discretion, to change these Terms at any time by updating this posting. You agree to be bound by the changed Terms through your continued use of this Site.

If you do not agree with the Terms, please do not use this Site or access any services made available through this Site.

Registration Process.

Your Information. In order to use or access certain features or functions of this Site, you must register with Nau. In return for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.

Account and Password Security. When you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential. You are responsible for all activities that occur under your account. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any other Site user. You agree to tell Nau immediately about any suspected unauthorized use of your account. Nau will not be responsible for any loss to you caused by your failure to comply with these obligations.

Privacy. Nau’s Privacy Policy, which you may view at http://blog.nau.com//privacy, is incorporated as part of these Terms. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Trademarks, Copyrights and Licenses.

Materials. Unless otherwise noted, you should assume that everything you see, hear, or otherwise receive from or on this Site (the “Materialsâ€?) is copyright, trademark, trade dress or other intellectual property owned or licensed by Nau and protected under U.S. and international law and treaties. “Materialsâ€? include, among other things, text, files, images, graphics, artwork, illustrations, audio clips, video clips, sounds, photographs, trademarks, logos, documents, the Site as a whole, and the selection, coordination and arrangement of Materials. Except as expressly stated in these Terms, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials without Nau’s prior written permission.

General License. You may download one (1) copy of the Materials solely for your personal, non-commercial use consistent with the purpose for which the Materials are made available by Nau, provided that all copyright and other proprietary notices are left intact. You may distribute the Materials to a third party solely for the third party’s personal, non-commercial use consistent with the purpose for which the Materials are made available by Nau, provided that you do so only using the tools available on this Site for such purpose. Any change to the Materials, or any part thereof, or use of the Materials for any other purpose, is an infringement of Nau’s intellectual property rights. Use of the Materials or Marks on any other site or other networked computer environment, whether by copying or framing the content of this Site, or other means, is prohibited without Nau’s prior written permission.

Trademarks
. Most trademarks and service marks appearing on this Site, including among others Nau, NAU (Stylized), WEBFRONT, and associated logos, banners and page headers (“Marksâ€?) are Nau’s trademarks and service marks. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, use of any Nau Mark or trade dress is prohibited without Nau’s prior written permission.

Your Submissions and Use of the Site
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Content. You are solely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (“Contentâ€?) that you upload, post, e-mail, transmit, publish or otherwise make available through this Site (collectively, “Publish.â€?).

By Publishing any Content, you warrant and represent that:

1. You own all intellectual property and other rights in and to the Content, or you have all necessary rights to use and Publish it;
2. All Content you Publish is true, accurate, current and complete and does not violate these Terms; and
3. The Content will not cause injury to or violate any right of any person or entity.

You agree not to Publish on this Site any Content that:

1. Is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
2. Infringes or misappropriates the intellectual property rights of any person or entity;
3. Is illegal in any way or advocates illegal activity;
4. Contains advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or
5. Contains any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any Materials, Content, data or personal information on this Site.

Nau has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content, for any reason or for no reason.

Your License to Nau
. For all Content you Publish on this Site, you grant Nau a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, sublicense, modify, create derivative works of, distribute, display, perform, archive and store the Content, for any purpose, in any form, media or technology of any kind now existing or developed in the future. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by Nau. You hereby waive any right to compensation for Nau’s use of the Content.

Access and Interference. You agree that you will not:

1. Use any robot, spider, scraper or other automated means to access this Site for any purpose without Nau’s express written permission;
2. Take any action that imposes or may impose, in Nau’s sole discretion, an unreasonable or disproportionately large burden on Nau’s electronic infrastructure;
3. Interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or
4. Bypass other measures Nau may use to prevent or restrict access to this Site.

Use at Your Own Risk
. This Site may offer blogs, photo galleries, or other platforms for users to Publish Content. This Site may also offer other interactive areas where users can express opinions and share ideas and information. Nau cannot and does not monitor, pre-screen or pre-approve the Content Published on this Site. Nau does not control, is not responsible for, and does not guarantee the accuracy, integrity or quality of the Content Published on this Site. By using this Site, you may be exposed to Content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable.

By using this Site, you agree to accept such risks. You agree that Nau is not responsible for the acts or omissions of Site users. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You agree that under no circumstances will Nau be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content Published on or through this Site.

Third-Party Links
. This Site may provide links to sites operated by third parties. However, even if the third party is affiliated with Nau, Nau has no control over these linked sites. These linked sites are only for your convenience and therefore you access them at your own risk.

Product Orders
. All orders placed through the Site are subject to Nau’s acceptance, which is in its sole discretion. This means, among other things, that Nau may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Nau will issue a credit to your credit card account.

Termination
. Nau, in its sole discretion, may remove your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any blogs, forums, photo galleries, bulletin boards, or other interactive areas, immediately and without prior notice or liability, for any reason or for no reason. If your access to this Site is terminated, the restrictions and obligations of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, licenses, warranty disclaimers, and limitations of liability.

Indemnification. You agree to indemnify Nau and its officers, directors, employees and agents from and against any and all third party claims, demands, liabilities, losses, costs or expenses, including reasonable attorneys fees, due to or arising out of: (a) your use or misuse of this Site; (b) the Content you Publish; (c) any disputes that may arise with one or more users of this Site; or (d) any other breach of these Terms.

Warranty Disclaimer
. THIS SITE IS PROVIDED BY NAU ON AN “AS IS” BASIS. NAU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability
. IN NO EVENT WILL NAU BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF NAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Jurisdiction and Venue
. This Site is created, operated and controlled by Nau from its offices in the State of Oregon, U.S.A. Nau makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. These Terms are governed by, construed and enforced in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of laws. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site will be only the state or federal courts located in the State of Oregon, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous. If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining Terms will remain in force and in effect. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. These Terms constitute the entire agreement between you and Nau concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to Nau at:

Nau
1624 NW Lovejoy Street
Portland, OR 97209
E-mail: info@nau.com