LAST UPDATED AND EFFECTIVE: December 31, 2019
These Terms of Service (“TOS”) govern your access to and use of the following websites: www.nicepak.com, www.nicencleanwipes.com, www.grimeboss.com, and www.wetnap.com, including all subdomains and subparts (individually, the “Site,” or collectively, the “Sites”) owned by Nice-Pak Products, Inc. and any services, tools, materials, or information available through any such Site or used in connection therewith. Company is willing to license and allow you use of the Sites only on the condition that you accept all of the terms and conditions contained in the TOS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND SHOULD LEAVE THE SITE IMMEDIATELY.
1. Use of Site
The Site, including but not limited to text, design, graphics, logos, photographs, videos, audio, downloads, interfaces, software, and features, and the design, selection, and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding “Third Party Content” (as defined in the next section below) (collectively, “Content”) is owned and operated by Company, and the TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and Content made available through or from the Site so long as you comply with the terms and conditions of the TOS. The TOS permits you to use and access for personal or business purposes the Site (i) on a single laptop, workstation, computer or mobile device and (ii) from the Internet or through an on-line network. You may also load information from the Site into the temporary memory (RAM) on your laptop, workstation, mobile device or computer and print and download materials and information from the Site solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Site on behalf of a company or other form of entity, please note that such company or entity may have a separate agreement with Company regarding access and usage privileges for the Site, including, without limitation, a member services agreement with Company. Nevertheless, your personal use of the Site will be subject to the obligations and restrictions regarding use of the Site as set forth in the TOS.
2. Third-Party Content
“Third Party Content” includes certain content, features and functionality of the Sites which may include, for example, general information, information about our company or about third parties, or interactive tools, owned or operated by third-parties. We may, but are not obligated to, monitor or review any areas on the Sites containing Third Party Content. The inclusion of Third Party Content is not, and should not be construed as, our endorsement of such Third Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of third parties. If you access Third-Party Content, you will comply with the terms and conditions that apply. WE ACCEPT NO RESPONSIBILITY FOR THIRD-PARTY CONTENT AND HEREBY DISCLAIM ALL LIABILITY RELATED TO IT.
3. Prohibited Activities
Your license to use the Site is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Site in any manner not expressly permitted by the TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner, any data on the Site if not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other user(s), or any other systems or networks connected to the Site or to any Company server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Site (or any part thereof) without Company’s express, separate, and prior written permission, or (x) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
4. Third-Party Links
The Sites may contain links to other websites, some of which may be operated or controlled by third-parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to information contained therein. The inclusion of links to Third-Party Sites is not, and should not be viewed, as our endorsement of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites.
5. Your Obligations
By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen years old or, if a minor, have parental or custodial permission, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to terminate immediately your access to and use of the Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by the TOS any personally identifiable information, which you receive or which is made available from Company in connection with the TOS. The TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Site (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the internet and access to or transmissions or communications with the Site is solely at your own risk. While Company has endeavoured to create a secure and reliable Site, you understand and acknowledge that the confidentiality of any communication or material transmitted to/from the Site over the internet or other form of global communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to your use of the Site, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Site shall only be available through the sole discretion of Company or pursuant to the terms and conditions of a separate written agreement with Company.
You may not link to the Site from a third-party site without our prior written permission. Unless otherwise expressly authorized in the TOS, you may not take any action to interfere with this Site or any other user’s use of the Site or decompile, reverse engineer or disassemble any content or other products or processes accessible through this Site, nor insert any code or product or manipulate the content in any way that affects any user’s experience. While using this Site you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of this Site to respect the rights and dignity of others.
Company reserves the right, using its sole discretion, to remove any communications or materials that it considers unacceptable for whatever reason. Company does not accept ideas, suggestions, or other submissions, whether pertaining to any content, the Sites, any products or services of Company or its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, send, or otherwise make available to us any idea, suggestion, or other submission through the Sites, you agree that such submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such submission, and that Company has no financial or other obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such submission, and that no other party has any trade secret or any other rights in the submission.
6. Other Terms
Certain features of the Site may require registration or otherwise ask you to provide information to access certain content. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you may not be able to access certain content or use certain features of the Site. Only one user can be assigned to a user name and password and, thus, one account. By limiting access to one person per username, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Site and to your account. Accordingly, by using the Site, you agree to keep your user name and password confidential. You also agree not to use another user’s username and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason. Additional terms and conditions may apply to certain limited-access portions of the Sites.
8. Information and Materials You Submit
You acknowledge that that you are responsible for any information and material (“User Content”) you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. The Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where users can share and display User Content. To the extent that the Site contains such communication forums (the “Forum(s)”), you agree that by using the Site you will not post or transmit any of the following Content on the Site’s Forums:
i. any content that interferes with or disrupts the Site or the operation thereof,
ii. statements or materials that defame, harass, abuse, stalk, threaten, intimidate, or in any way infringe on the rights of others,
iii. unauthorized copyrighted materials or any other materials that infringe on the intellectual property rights, trade secrets, or privacy of others,
iv. statements or materials that violate other contractual or fiduciary rights, duties, or agreements,
v. statements or materials that are bigoted, hateful, or racially offensive,
vi. statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction,
vii. statements or materials that constitute anti-competitive collaboration and/or antitrust violations,
viii. statements or materials that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
ix. statements or materials that harm minors,
x. statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company,
xi. statements or materials that misrepresent your affiliation with any entity and/or Company,
xii. any content that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personally identifying information of another individual,
xiii. statements or materials that constitute junk mail, spam, or unauthorized advertising or promotional materials,
xiv. statements or materials that are “off-topic” for a designated Forum, and
xv. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of Company’s or another user’s computer, network, or the Site.
As Forums may be public, the user experience is enhanced if you follow the foregoing and the following guidelines. Please use proper etiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all users to remember that Forums are intended to be a resource for all.
When you submit User Content to Company through the Sites, you hereby and automatically grant to Company a non-exclusive, worldwide, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information in connection with the Site or Company’s services, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company’s services and the Site. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearances or permissions or to provide any necessary content or information for your use of the Site in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information, including User Content. You acknowledge that User Content is non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed in any manner. Accordingly, notwithstanding Company’s rights and license for User Content, it is understood that by merely permitting your Content to appear on the Site, Company does not become and shall not be deemed a publisher of User Content and is merely functioning as an intermediary to enable you to provide and display User Content.
Company is not responsible for screening, policing, editing, or monitoring any User Content and encourages all users to use reasonable discretion and caution in evaluating or reviewing any User Content. Moreover, and except as provided below with respect to Company’s right and ability to delete or remove User Content (or any part thereof), Company does not endorse, oppose, or edit any User Content and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed through User Content. Nevertheless, Company reserves the right to delete or take other action with respect to User Content (or parts thereof) that Company believes in good faith violates the TOS and/or is unlawful or harmful to Company or its products, services, and goodwill. If you violate the TOS, Company may, in its sole discretion, delete the unacceptable content from your User Content, remove or delete the User Content in its entirety, issue you a warning, and/or terminate your use of the Site. Moreover, it is a policy of Company to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of User Content that violate these rules regarding acceptable behaviour or content, you may contact Company as provided in the TOS.
9. Product Information
The products displayed on the Site are only distributed in certain select countries. You are responsible for seeking the advice of professionals concerning information, opinions and products available through the Site. All products should be used strictly in accordance with their instructions, precautions and guidelines.
The Site is intended to provide information about our products, and are not intended to provide medical advice or instructions as to use but only general information, which should not be relied upon by any individual or for any specific purpose. For healthcare products, always consult your doctor or pharmacist for advice on treatment based on individual circumstances and needs.
10. Proprietary Rights
The TOS provides only a limited license to access and use the Sites. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the Sites (or anything contained on the Sites) to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Company (or third parties) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade-secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your use of the Site other than as expressly permitted in the TOS may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Company does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Company’s trademarks. Company also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade-secrets, and know-how related thereto, unless otherwise indicated, are owned by Company. Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners, including affiliates of Company. The Sites are Copyright © 2019. All rights reserved.
11. Claims of Infringement
You must comply with all applicable copyright and related intellectual property laws when using the Site and may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights. The Company reserves the right to terminate service and access to any user who is found to infringe the copyright or other intellectual property rights of a third-party. If you believe a user of the Sites is infringing your copyright or the copyright of a person or entity on whose behalf you are entitled to act, you may submit a claim which includes: (i) identification of the copyrighted work; (ii) identification of the alleged infringing material; (iii) contact information of the person making the claim; (iv) a statement that the claim is made in good faith; (v) a statement, made under penalty of perjury, that the claim is accurate and that the person is authorized to make it; and (vi) a signature of the person making the claim. Any such claim should be submitted to:
Nice-Pak Products, Inc.
Office of the General Counsel
2 Nice-Pak Park
Orangeburg, NY 10962
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY SITES, THIRD-PARTY LINKS, AND USER CONTENT (WHETHER CREATED BY YOU OR OTHERS) SHALL BE AT YOUR SOLE RISK. Moreover, Company may make modifications and/or changes to the Site or in the information, services, programs, software, and materials available on the Site at any time and for any reason. You assume the sole risk of using and/or relying on anything contained on the Site, such as the information, services, programs, and materials available on the Sites. Company makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality, or accuracy of the information, services, programs, and materials available on the Sites for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty under the uniform computer information transactions act as enacted by any state. Company also makes no representation or warranty that the Sites will operate error free or in an uninterrupted fashion or that any files or information that you download from the site will be free of viruses or contamination or destructive features.
13. Limitation of Liability
EXCEPT AS OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE COMPANY (INCLUDING ANY OF ITS AFFILIATES AND ANY OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF COMPANY AND ITS AFFILIATES) FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF THE SITE, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY LINKS AND USER-CONTENT; (II) THE DELAY OR INABILITY TO USE THE SITES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY LINKS AND USER CONTENT; OR (III) ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, IN ALL CASES WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY (INCLUDING ITS AFFILIATES AND ANY OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF COMPANY AND ITS AFFILIATES) WILL NOT BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.
Except as otherwise prohibited by law, you agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of the TOS.
15. Notice of Security Breach
In addition to the foregoing indemnification obligations, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by the TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company’s rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
16. Governing Law
Except as otherwise stated herein, the TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A., as applied to agreements entered into and completely performed in the State of New York. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of New York for any disputes between us under or arising out of the TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to the TOS. Any claim you might have against Company must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to the TOS and is hereby disclaimed. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of the TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Enforcing Security on this Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the right to view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders involving requests for such information. In addition to the foregoing, Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, in order to protect the Site, Company, or Company’s business.
You understand and agree that Company may terminate your account or password, delete your account information, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. We shall not have any liability to you or any other person for any termination of your access to the Sites and/or the removal of information concerning your account.
20. Updates to the Terms of Service
We reserve the right to change, modify, add or remove any portion of the TOS, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check for any changes we make to the TOS each time you use the Site or any portion thereof. If you access or use the Site in any way after the TOS has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of the TOS will be available on the Site and will supersede all previous versions of the TOS. No changes to or any waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by an authorized representative of the Company.
21. Contact Us
If you have any questions or comments about the TOS or the Site, please contact us via the “Contact Us” link on the Site; email us at email@example.com or write to us at:
Nice-Pak Products, Inc.
2 Nice-Pak Park
Orangeburg, NY 10962