WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY.  THIS WEBSITE (WWW.NIGELBDESIGN.COM) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. YOUR CONTINUED USE OF THIS SITE OR RELATED SERVICES WILL INDICATE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE AND DO NOT USE THE SERVICES.

  1. OUR SERVICES

    Welcome to www.nigelbdesign.com (the “Website”). Nigel B. Design specializes in providing innovative audio-visual (AV) accessories for professional and commercial use. Our products include anti-vibration solutions for AV equipment, plenum-rated enclosures, conversion plates, mounting brackets, and shelves, all designed to enhance AV setup stability and performance. Through our Website, we provide product information, online purchasing, and access to technical resources. All of our offerings and related support are collectively referred to as our “Services.” Nigel B Design reserves the right to update our Services to meet evolving customer needs.

  2. RESTRICTIONS ON USE

    All pages within this Website and any material made available for download (collectively the “Site”) are the property of Nigel B. Design, Inc. (“NBD”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of NBD. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

    Any rights not expressly granted by these Terms and Conditions, or any applicable end user license agreements are reserved by NBD.

    1. PROPRIETARY RIGHTS

      You (the “User”) acknowledges that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and NBD owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.

      User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

  3. TRADEMARK NOTICE

    Nigel B Design are the logos, trademarks, and service marks of NBD. All rights reserved. These and other Site graphics, logs and service marks and trademarks of NBD and its affiliates may not be used without prior written consent of NBD or its affiliates, as the case may be. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

  4. DISCLAIMERS AND LIMITATION OF LIABILITY

    User expressly agrees that use of the Site is at User’s sole risk. Neither NBD nor its affiliates nor any of their officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the Site will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site.

    THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NBD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NBD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NBD NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

    NBD, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE.

    UNDER NO CIRCUMSTANCES SHALL NBD OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NBD’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

    Although NBD attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform NBD so that it can be corrected. Information contained on the Site may be changed or updated without notice. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such states liability shall be limited to the fullest extent permitted by law.

  5. CONFIDENTIAL AND PROPRIETARY INFORMATION

    NBD does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to NBD through the Site will be deemed NOT to be confidential. By sending NBD any information or material, you grant NBD an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that NBD is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

  6. THIRD-PARTY CONTENT

    NBD is a distributor and not a publisher of Content supplied by third parties and Users. NBD has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of the Site, are those of the respective authors or distributors and not of NBD or its affiliates or any of their officers, directors, employees or agents. Neither NBD nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of the Site, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose.

  7. EXPORT

    The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

  8. LINKS FROM OUR SITE

    NBD makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-NBD Website, please understand that it is independent from NBD, and that NBD has no control over the content on that Website. In addition, a hyperlink to a non-NBD Website does not mean that NBD endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

  9. DISPUTE RESOLUTION, GOVERNING LAW, AND VENUE
    1. ARBITRATION

      By using NigelBDesign.com, you agree that except for small claims and intellectual property disputes, you waive your right to a jury trial and all disputes related to the site or services will be resolved through binding arbitration administered by JAMS. Users may opt out of arbitration within 30 days of accepting these terms by emailing support@nigelbdesign.com with their name, address, and clear intent to opt out. If any part of this arbitration agreement is found unenforceable, the remainder stays in effect.

    2. CLASS ACTION WAIVER

      You and we agree that any dispute arising out of or related to the Site or Services is personal in nature and will be resolved solely through individual action and will not be pursued as a class arbitration, class action, or any other type of representative proceeding.

    3. GOVERNING LAW AND VENUE

      These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Any dispute between the parties that is not subject to arbitration pursuant to these Terms and Conditions below will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

  10. ENTIRE AGREEMENT

    These Terms and Conditions constitute the entire agreement between NBD and you pertaining to the subject matter of this Agreement. In its sole discretion, NBD may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the Terms and Conditions linked on this Site at that time.

  11. NO UNLAWFUL OR PROHIBITED PURPOSE

    As a condition of your use of this Site, you warrant to NBD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

    If NBD is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), NBD may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. NBD may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of NBD, its Users or Providers.

    NBD reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, NBD, the communities that make up the Site, or any rights of NBD or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither NBD nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither NBD, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.

  12. USER ELIGIBILITY

    By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions. If you are accessing the Site on behalf of a senior family member, you represent that you have the authority to act on their behalf.

  13. DATA PRIVACY AND PROTECTION

    NBD is committed to protecting your privacy. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using the Site, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

  14. SECURITY

    While NBD implements reasonable security measures to protect the Site and our users’ information, no system is entirely secure. We encourage users to practice safe internet behavior and to notify us immediately of any suspected security vulnerabilities or breaches. If you discover a potential security vulnerability, please report it to support@nigelbdesign.com. We appreciate your efforts to responsibly disclose your findings, and we will make every effort to acknowledge your contributions.

  15. ACCOUNT DELETION AND DATA REMOVAL

    You may request the deletion of your account and the removal of your personal data by contacting us at support@nigelbdesign.com. We will process your request in accordance with applicable laws and our Privacy Policy. Please note that some information may be retained for legal or operational purposes even after account deletion.

  16. CHANGES TO TERMS AND CONDITIONS

    NBD reserves the right to modify these Terms and Conditions at any time. We will notify users of any material changes by posting the new Terms and Conditions on this Site and updating the “Last Modified” date at the bottom of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

  17. CONTACT INFORMATION

    If you have any questions about these Terms and Conditions, please contact us at: support@nigelbdesign.com

  18. INDEMNIFICATION

    You agree to indemnify and hold harmless NBD, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, and partners from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) your use of the Services or Site; (b) your violation of these Terms and Conditions; or (c) your violation of the rights of any third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site or Services.

  19. SEVERABILITY

    The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

  20. ACKNOWLEDGMENT

    The Terms and Conditions, including all documents referenced herein, represents the entire understanding between you and NBD regarding your relationship with NBD and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS by using the NigelBDesign.com website.

Last Modified: 11/01/2024