Effective Date: January 1st, 2021
This website (“Website”) is provided by National Underground Group (“National Underground”, “we”, “us”, “our”). We are providing you with access to our Website subject to your compliance with the following terms and conditions (“Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
By accessing and navigating on our Website, you are agreeing to our Terms, including any policies referred to herein. If you do not agree to these Terms, you may not access or use our Website.
Children Under the Age of 16
Our Website is not intended for children under 16 years of age. By using our Website, you affirm that you are over age 16. If you are under age 16, you may not access or use our Website.
Use of this Website
Subject to your compliance with these Terms‚ we grant you a limited‚ nonexclusive‚ nontransferable‚ non-sublicensable license to access and use our Website. This license grant does not include: (a) any resale or commercial use of our Website or content therein; (b) the right to scrape information; (c) the right to make derivative uses of our Website or their contents; (d) the right to use of any data mining‚ robots‚ or similar data gathering and extraction methods on our Website; (e) the right to distribute, publicly perform or publicly display any content of our Website; or (f) the right to download (other than page caching) any portion of our Website, except as expressly permitted by us. You may not use‚ frame or utilize framing techniques to enclose any of our trademark‚ logo‚ content or other proprietary information (including without limitation the images found at our Website‚ the content of any text or the layout/design of any page or form contained on a page, or other copyright, trademark, or intellectual property laws) without our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing our name‚ trademarks‚ or Product names without our express written consent. Any breach of these Terms shall result, in addition to our other available remedies, in the immediate revocation of the license granted in this paragraph without notice to you. This license is revocable at any time.
Intellectual Property Rights
All content and functionality on our Website, including any text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of us or our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Our Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction without our permission is prohibited. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any or all part of our Website without the prior consent of the copyright owner.
The National Underground name, our logo and all related names, logos, product and service names, designs and slogans are the registered and unregistered trademarks of National Underground or its affiliates or licensors. You must not use such marks without the prior written permission of the owner. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
Third Party Links
When you use our Website or send emails to us you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Acceptable User Conduct
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to): (i) download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of our Website‚ except and to the extent expressly permitted under these Terms; (ii) remove any copyright‚ trademark or other proprietary rights notice contained in or on our Website; (iii) use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of our Website; (iv) collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users; (v) use or attempt to use another user’s account without authorization from them or from us; (vi) reformat or frame any portion of any parts of our Website; (vii) create user accounts by automated means or under false or fraudulent pretenses; (viii) create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment or use of our Website; (ix) transmit or upload to our Website any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of our Website or any computer or other device or system‚ or the enjoyment of our Website by any user; (x) use our Website to violate the security of or gain unauthorized access to any computer or computer network or other device or system; (xi) take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on our Website, servers, or the IT infrastructure used to operate and make our Website available; or (xii) use our Website to violate these Terms or any applicable local‚ state‚ federal or international law.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE.
Except as expressly provided, our Website, including all content on our Website, and services provided on or in connection with our Website are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND THOSE CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that our Website is accurate, complete, reliable, current or error-free. We do not represent or warrant that our Website or our servers are free of viruses or other harmful components. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
IN NO EVENT WILL NATIONAL UNDERGROUND OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF NATIONAL UNDERGROUND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if National Underground is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
Governing Law and Jurisdiction
All matters relating to our Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on our Website. These Terms, which shall be deemed accepted by you upon your use of our Website or other action indicating acceptance by you‚ constitute the entire agreement among you and us relating to such subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent.
If, at any time, you have questions or concerns about our Website, please contact us at: www.nationalu.com/contact-us
National Underground Group
47 Discovery, Suite 250
Irvine, CA 92618