Terms and Conditions
Last Modified: March 21, 2021
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.
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.
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.
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.
- 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.
- 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.
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
- 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 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.
- 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 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
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.
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.
- Pursue legal action, such as reporting the matter to law enforcement or initiating legal process for any illegal or unauthorized use of the Website.
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.
- 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
15. Online Purchases and Other Terms and Conditions
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.
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
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.
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
26. Limitation on Time to File Claims
29. Entire Agreement
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]