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Terms and Conditions

Last Modified: March 21, 2021

NinjaTek^® is operated by Fenner, Inc., a Pennsylvania corporation. These terms of use are entered into by and between You (“you,” “your,” or “End User”) and Fenner, Inc. (“NinjaTek,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.ninjatek.com (the “Website”).

1. Acceptance of Terms of Use

These Terms of Use set out the legally binding terms of your use of the NinjaTek Website. If you wish to access, use or browse the Website, please read these Terms of Use carefully. By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at incorporated herein by reference. If you object to anything in these Terms of Use or any other policy referenced herein, you must discontinue use of the Website immediately.

This Website is made available to End Users who are at least eighteen (18) years of age and reside in the United States and its territories. By using this Website, you represent and warrant to NinjaTek that you are of legal age to form a binding legal contract with NinjaTek and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or otherwise use the Website.

2.Changes to these Terms of Use

NinjaTek may, from time to time at its sole discretion, revise and update these Terms of Use and any other policy referenced herein. All changes are effective immediately when we post them and will apply to all access and use of the Website after such posting. Each time we post a revision to these Terms of Use, we will update the “Last Modified Date” at the top of this document. Your continued use of the Website after the posting of revised Terms of Use means you accept and agree to the changes. You are responsible to check this page from time to time to ensure you are aware of any changes as such changes are legally binding on you.

Any changes to the dispute resolution provisions in the Governing Law and Jurisdiction section (Section 24) will not apply to any dispute for which the parties have actual notice of prior to the date a change to that section is posted on the Website.

3. Website Accessibility, Features, Functionality, and Customer Accounts

NinjaTek reserves the right to amend, withdraw, or change the Website and any service, functionality, material, content, or products provided on or through the Website at any time in our sole discretion without notice. NinjaTek will not be liable if for any reason the entire Website or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to all users, including you.

In accessing our Website, you are exclusively responsible for:

Making all necessary arrangements for you to have access to the Website.
Ensuring that all persons having access to the Website through your internet connection are aware of these Terms of Use and comply with them.

In order to complete a transaction on the Website, you will be asked to log into your account or to register for an account and provide certain account registration in connection with completing a sales transaction. You will also be asked to provide us with certain contact information should you desire to schedule a custom filament consultation or to contact us with a general question. You hereby acknowledge and agree that it is a condition of your use of the Website that all the information that you provide to us on or through the Website is correct, current, and complete. You agree that all information you provide to us in connection with completing a sales transaction or through the use of any interactive features on the Website, is governed by our Privacy Policy, and you hereby consent to all actions that we take with respect to your information that is consistent with our Privacy Policy.

If you choose to create a customer account in connection with completing a sales transaction on our Website, you must treat the information as confidential and you must not disclose the account credentials to any other person or entity. You acknowledge and agree that your account is personal to you and you agree not to provide any other person with access to this Website or any portions of it using your username, password, or other security information. You agree to notify us immediately in the event you learn of any unauthorized access to or use of your username, password or any other breach of security. Further, you agree that to the extent you utilize a public computer to log into your account and access the Website that you will ensure that you log out of your account at the end of each session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view, record, or otherwise steal your password and other personal information.

NinjaTek reserves the right to disable any user name, password, or other account identifier, at any time, in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property

The Website and its entire contents, features, functionality, and information, including, but not limited to all software, images, video, audio, and the design, selection, and arrangement of the Website, are owned by NinjaTek, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Under these Terms of Use, you are only permitted to use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except that:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your internet web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features on with certain content, you may take such actions that are enabled by such features.

Under these Terms of Use, you must not:

Modify copies of any materials from the Website.
Use for any purpose any illustrations, photographs, video or audio sequences, or any graphics from the Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use any portion of the Website or any services or materials available through the Website for a commercial purpose.

In the event that you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your rights to use the Website will automatically cease and you must, at our option, return or destroy any copies of the materials that you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted under these Terms of Use are reserved by NinjaTek. Any use of the Website that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, or other laws.

5. Trademarks

NinjaTek’s name, NinjaTek’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of NinjaTek or its affiliates or licensors. You shall not use any such marks without the prior written permission of NinjaTek. All other names, logos, product and service names, designs, and slogans that are on the Website are trademarks of their respective owners.

6. Copyright Infringement

In the event that you believe that any materials accessible on the Website or any User Contribution (defined in Section 8) violates your copyright, please contact us at [email protected] and include “Notice of Copyright Infringement” in the subject line. NinjaTek takes claims of copyright infringement very seriously. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work that you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently premise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, mailing address, telephone number, and if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement under penalty of perjury, that you are authorized to act on behalf of the copyright owners.

As it pertains to User Contributions, it is our policy to terminate the user accounts of and block access to the Website for repeat infringers.

7. Prohibited Uses

Our Website is available for your use only for lawful purposes and in accordance with these Terms of Use. You hereby agree that you will not use the Website:

In a manner that violates any applicable international, federal, state, or local law or regulation, including any export laws.
To exploit, harm, or attempt to exploit or harm minors in any way including.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards detailed in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, spam, chain letter, or any other similar solicitation.
To impersonate or attempt to impersonate NinjaTek, a NinjaTek employee, another customer or user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NinjaTek or users of the Website, or expose them to liability.

In addition to the foregoing restrictions, you shall not engage in or attempt to engage in any of the following, which are also violations of the Terms of Use:

Use the Website in any manner that could have the effect to disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities thought the Website.
Deploy or use any robot, spider, script, program, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on or from the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purposes that are not expressly authorized by these Terms of Use, without NinjaTek’s prior written consent.
Use any device, software, script, code, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, exploits, or other material that is malicious or technologically harmful.
Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected with the Website.
Launch or otherwise participate in any attack on the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

8. User Contributions

The Website contains functionality to submit a picture of your 3D printed creation for a chance at being featured on our Website (the “Interactive Services”). In connection with these Interactive Services, the functionality on our Website enables you to post, submit, publish, display, or transmit information and media about your projects using our products which we may post to our Website for other users to view (“User Contributions”) on the Website. All User Contributions must adhere with NinjaTek’s Content Standards as detailed in Section 10 of these Terms of Use.

All User Contributions that you choose to post to the Website will be considered non-confidential and non-proprietary. Whenever you provide any User Contribution on the Website, you grant us and our affiliates and services providers and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purposes without any compensation or royalty to you (the “License”).

For each User Contribution, you hereby represent and warrant to NinjaTek that:

You own and control all rights in and to the User Contribution and have the right to grant the License set forth hereunder to NinjaTek, our affiliates, and service providers and each of their and our respective licensees, successors, and assigns.
All of your User Contribution do and will comply with these Terms of Use.

You further acknowledge and agree that you are exclusively responsible for any User Contribution that you submit or contribute on or through the Website, including its legality, reliability, accuracy, and appropriateness. NinjaTek shall not be responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Website.

9. Monitoring and Enforcement; Termination

NinjaTek cannot undertake to review all materials, including User Contributions before they are posted to the Website, but we do monitor activity on our Website from time to time. In connection with our monitoring and enforcement efforts, we reserve the right to take any of the following actions:

Remove or refuse to post any User Contributions, for any or no reason, in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates that third party’s rights.
Take, in our sole and absolute discretion, all other appropriate action for any User Contribution that violates the Terms of Use, infringes on any rights of any other person or entity, threatens the safety of users of the Website, public, or could create liability for NinjaTek.
Pursue legal action, such as reporting the matter to law enforcement or initiating legal process for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Nothing contained in this Section 9 shall be construed to limit any right of NinjaTek to cooperate fully with law enforcement or regulatory authorities or to restrict NinjaTek from disclosing your identity or any other information about you in response to a subpoena, court order, or other legal process. YOU HEREBY WAIVE AND HOLD NINJATEK HARMLESS, INCLUDING ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY NINJATEK OR ANY OF THE FOREGOING PARTIES AS A CONSEQUENCE OF INVESTIGATIONS UNDERTAKEN BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

NinjaTek assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. NinjaTek shall have no liability or responsibility to anyone for the performance or nonperformance of the activities set forth in this Section 9.

10. Content Standards

The content standards detailed in this Section 10 apply to all User Contributions and Interactive Services on the Website. All User Contributions must comply with all applicable international, federal, state and local laws and regulations. User Contributions shall not:

Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
Contain or promote any sexually explicit or pornographic material, violence, or discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
Violate the legal rights of others.
Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise be in conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity, or affiliation with any person or organization, or misrepresent your ownership of any product or past purchases on the Website.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, or advertising.
Give the impression that such User Contributions are from or endorsed by NinjaTek or any other person or entity, if this is not indeed the case.

11. Reliance on Information Posted on Website

The information and content posted to the Website is made available for general informational purposes only. NinjaTek makes no warranties or representations regarding the accuracy, completeness, or usefulness of the information and content contained on the Website. Any reliance you choose to place on such information and content on the Website is entirely at your own risk. NinjaTek disclaims all liability and responsibility arising from any reliance by you or any other visitor to the Website on such content or information or any other person or entity who may be informed of any of its contents.

12. Third Party Materials

This Website includes content provided by third parties, including materials provided by other users and third parties. All statements and opinions expressed through such third party content, other than content provided by NinjaTek, are solely the opinion and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinions of NinjaTek. We are not responsible, or liable to you or any other third party for the content or accuracy of any materials provided by any third parties.

13. Changes to the Website

From time to time in our sole discretion, we may choose to update the content and information on the Website and to add and remove products, services, or other offerings. While we make every reasonable effort to ensure that the content and information contained on the Website are up-to-date, there may be times where any information, material or content on the Website is out of date at any given time. Please be advised that we are under no obligation to update such material and will not be liable for any inaccurate or incomplete content, information or materials on the Website.

14. Information Collection and Use in Connection with Your Visits to the Website

All information that we collect about you while you use our Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by NinjaTek in accordance with such Privacy Policy.

15. Online Purchases and Other Terms and Conditions

All purchases you choose to make through our Website or other transactions for the sale or other form of transfer of goods, or services are governed by the Fenner, Inc. Terms and Conditions of Sale, which are hereby incorporated by reference into these Terms of Use.

16. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

17. Links from the Website

Our Website may contain hyperlinks that redirects you to other websites and resources provided by third parties. We provide these hyperlinks to third party websites and resources for your convenience. We have no control over the contents of any third party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such Websites.

18. Social Media Features

The Website contains certain social media features that enable you click on hyperlinks to follow NinjaTek on various social media accounts, including Instagram, YouTube, Facebook, Twitter and LinkedIn. You may use any social media features solely as we have provided them through the Website. Please note that your use of any social media network will be governed by their terms of use, service, and privacy policy and that we have no responsibility for the practices or policies of such social media networks.

19. Geographic Restrictions

NinjaTek is based in the State of Pennsylvania within the United States of America. The Website is provided only for use by persons located in the United States of America. NinjaTek makes no claims that the Website or any of its content is accessible or appropriate for viewing or use outside of the United States. Access to the Website may not be legal by certain persons in certain countries. To the extent that you choose to access the Website from outside the United States, you do so entirely at your own risk. You hereby acknowledge and agree that you are solely responsible for compliance with your local laws.

20. Disclaimer of Warranties

NinjaTek does not guarantee that files available for downloading from the Website will be free of viruses, malicious or other destructive code. You are responsible for implementing sufficient procedures and data security on your computing device to satisfy your particular requirements for anti-virus protection and maintaining a means external to our Website for reconstructing any lost data.

NINJATEK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTING DEVICE, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR FOR ANY OF YOUR DOWNLOADING OF ANY OF THE MATERIAL POSTED ON THE WEBSITE OR ANY WEBSITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, ITS CONTENT AND INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NINJATEK NOR ANY PERSON OR ENTITY ASSOCIATED WITH NINJATEK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER NINJATEK NOR ANYONE ASSOCIATED WITH NINJATEK REPRESENTS OR WARRANTIES THAT THE WEBSITE, ITS CONTENT, INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVICES ON WHICH THE WEBSITE IS MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NINJATEK HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY BY STATUTE, USAGE OF TRADE OR COURSE OF PERFORMANCE AS IT CONCERNS THE WEBSITE, ITS CONTENT AND INFORMATION AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE. THE FOREGOING LIMITATION DOES NOT AFFECT WARRANTIES THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL NINJATEK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT OR INFORMATION ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, AND REGARDLESS OF WHETHER SUCH CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR SOME OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER NINJATEK WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

22. Indemnification

You agree to fully defend, indemnify, and hold NinjaTek, is affiliates, licensors, and service providers and their respective officers, directors, employees, subcontractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, orders, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of, in relation to, or in connection with your violation of these Terms of Use or your use of the Website, including any content, information, materials, and/or User Contributions other than as authorized under these Terms of Use.

23. Security

Protecting your personal information and business data is important to NinjaTek. NinjaTek uses encryption technology to protect your information as it is transmitted over to NinjaTek over the Internet. While NinjaTek uses security technology to secure your personal information, NinjaTek cannot guarantee that any electronic commerce is completely secure. Please also see Section 3 regarding security of your username and password.

24. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, including any dispute or claim arising out of, in relation to, or in connection with the Website or Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to any conflict of law provision or rule.

Any legal cause of action, proceeding, or lawsuit arising out of, in relation to, or in connection with the Website or these Terms of Use shall be maintained exclusively in the state and federal courts in and for Lancaster County, Pennsylvania, USA. NinjaTek reserves the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venues in such courts.

25. Arbitration

In NinjaTek’s sole discretion, NinjaTek may require you to submit any disputes arising out of, in relation to, or in connection with the Website or these Terms of Use to final and binding arbitration in accordance with the Rules of Arbitration for the American Arbitration Association, applying Pennsylvania law. In such instance, the location of arbitration will be in Lancaster, Pennsylvania, USA.

26. Limitation on Time to File Claims

IN ORDER TO BE TIMELY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

27. Waiver

No waiver by NinjaTek of any term or condition in these Terms of Use shall be deemed or construed as any further, continuing or future waiver of such term or condition or a waiver of any other term and condition herein. Any failure by NinjaTek to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision in the future.

28. Severability

In the event that any provisions of these Terms of Use is held by a court of competent jurisdiction or an arbitrator, as the case may be, to be invalid, illegal or unenforceable for any reason, such provision shall be construed to the maximum extent permitted by applicable law to achieve the intent of the parties and any other provisions of these Terms of Use shall continue in full force and effect.

29. Entire Agreement

The Terms of Use, including the Privacy Policy and Fenner, Inc. Terms and Conditions of Sale, constitute the entire agreement between you and NinjaTek regarding the Website and supersede all prior and contemporaneous understandings, agreements, negotiations, communications, whether oral or in writing between the parties regarding the Website.

30. Captions

The headings and captions of these Terms of Use are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

31. Contact Us

This Website is owned and operated by Fenner, Inc., 311 West Stiegel Street, Manheim, Pennsylvania 17545

All feedback, comments, requests for technical support and other communications relating to the Website should be directed [email protected]