TERMS AND CONDITIONS
Welcome to No-Knob, LLC's website, www.NoKnob.com ("Website"). To use the Website, you agree to the terms and conditions set forth below ("Terms"). By accessing or using this Website, you agree that (1) you've read and understand the Terms, and (2) you are bound by the Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
IF YOU DO NOT ACCEPT ALL OF THE TERMS, PLEASE DO NOT USE THE WEBSITE.
Modification of These Terms
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and such changes will be effective immediately upon posting. You can tell if these Terms have changed by checking the "updated" date that appears above. Your continued access or use of the Website signifies your acceptance of the updated or modified Terms. Unless otherwise indicated, any new material added to the Website will also be subject to the Terms. Return to this page periodically to review the most current version of the Terms.
Who Can Use the Website
The Website is not intended to be used by persons under the age of 16 years old. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Terms. We may refuse to allow use of the Website for any reason or for no reason, in our sole discretion.
User Conduct and Obligations
The content Website (including, but not limited to, messages, data, text, music, sound, photos, graphics, video, or other material) (the "Content") is proprietary to No Knob. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks or other proprietary information. You agree to follow all laws and regulations when using the Website. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Content at the Website while connected to the Website for your personal, non-commercial use, which is limited to viewing the Website.
Reviews, Comments, and Use
By submitting any message, data, information, text, photos, graphics, or any other Content to the Website by electronic mail, postings on the Website, or other social network platforms operated by No Knob, including questions, comments, suggestions, ideas or the like in any submissions (collectively, "Submissions"), you are certifying that you are the rightful owner or licensee of the Submission and you grant No Knob a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name you submit in connection with such Submission. You acknowledge that No Knob may provide attribution of your comments or reviews at our discretion. You further grant No Knob the right to pursue at law any person or entity that violates your or No Knob's rights in the Submissions by a breach of the Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. Although No Knob has no obligation to screen, edit or monitor the Submissions posted, No Knob reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
No Knob does not accept or consider unsolicited ideas, suggestions or proposals for new or improved products, features or technologies (collectively, "Submissions"). If despite our policy, you still submit your ideas to No Knob, these terms shall apply to your Submissions, regardless of what your communication states. You agree that:
- No Knob will consider the Submissions to be non-confidential and non-proprietary.
- No Knob may use, copy, redistribute and disclose the Submissions for any purpose without compensation to you or any other person or party.
- No Knob shall have no obligations concerning the Submissions, including no obligation to review the Submissions, return any materials or acknowledge receipt of the Submissions.
Product Information; Product Illustrations
We attempt to be accurate. However, we do not warrant that product descriptions or other content on the Website is error-free. The images of products on our Website are for illustrative purposes. While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Your product and packaging may vary from that shown on the Website. If a product received by you is not as described, your sole remedy is to return it in unused condition.
All prices posted on this Website are in displayed USD unless otherwise indicated, and are subject to change without notice.
Limited Product Warranty
We warrant that all Company products will be free from defects in material and workmanship (the "Limited Warranty") for ninety (90) days from the date of original purchase (sales receipt is required for proof of purchase) (the "Limited Warranty Period"). If any covered defect is discovered during the Limited Warranty Period, we will, at our sole option, repair, replace or refund the product at no cost to you. This is the sole and exclusive remedy available to you.
This Limited Warranty (i) applies only to single-family use only for the original purchaser/gift recipient (with gift receipt) of the product, (ii) covers purchases solely from an authorized retailer or distributor, and (iii) is not transferable.
This Limited Warranty does not apply to and expressly excludes (a) re-sold merchandise; (b) cosmetic damage; and (c) claims resulting from misuse, failure to follow the instructions (maintenance and use), abuse, alteration, involvement in an accident and normal wear and tear.
THIS LIMITED WARRANTY IS EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER STATUTORY, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS, RESULTING FROM ANY BREACH OF WARRANTY, CONDITION, OR ANY OTHER LEGAL THEORY, NO MATTER HOW ARISING.
Some states do not allow the exclusion of incidental or consequential damages or a limitation on the duration of implied warranties, so the foregoing limitations may not apply to you. Also, you may have other legal rights, which vary by state.
To obtain warranty service, contact us by email sent to email@example.com or by mail at No-Knob, LLC, 3160 Haggerty Road, Suite 0, West Bloomfield, MI, 48323 USA.
Goods Not for Resale or Commercial Use
You represent and warrant you are buying products from the Website for your personal use only and not for commercial use or resale.
Disclaimers, Exclusions, and Limitations
- DISCLAIMER OF WARRANTIES. NO KNOB PROVIDES ITS WEBSITE "AS IS" AND "AS AVAILABLE" BASIS. NO KNOB DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. NO KNOB DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
- NO KNOB MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OR ITS RETURN POLICY AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- EXCLUSION OF DAMAGES. NO KNOB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. NO KNOB WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF NO KNOB OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. EXCEPT FOR A PARTY'S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE Terms OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE Terms, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE Terms, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO NO KNOB FOR ANY PRODUCT(S).
You agree that No Knob, in its sole discretion, may terminate or suspend your use or access to the Website, Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website.
The Website may contain links to websites owned or controlled by parties other than No Knob. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
No Medical Advice
The Websites may contain articles, blogs, questions and answers, frequently asked questions, or other postings (each an "Article") regarding health care, safety, and similar topics. All such information is general in nature and should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is familiar with the specifics of your case. Such Articles may assist you in your personal, general research, but none of it constitutes the practice of medicine or any other health care profession. Always seek the advice of your physician or other qualified health care provider with any questions regarding your medical care. To the maximum extent permitted by law, neither No Knob nor any authors of any Articles found on our Websites shall have any liability to you for any loss, damage, or injury of any kind which you may claim to have incurred because you relied on any Article content.
You agree to hold No Knob and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost, or expense (including without limitation attorneys' fees and costs) incurred with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification under this provision, No Knob may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without the consent of No Knob.
All disputes between you and No Knob related to operating Website or No Knob products will be exclusively resolved under confidential binding arbitration held in Detroit, Michigan, before a single arbitrator under the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, No Knob may seek injunctive or other equitable relief in state or federal court to enforce these Terms or prevent an infringement of intellectual property rights. If such relief is sought, each party irrevocably submits to the personal jurisdiction of such court.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exclusive Venue for Litigation
If the arbitration provisions do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts in Detroit, Michigan (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Detroit, Michigan, for any litigation other than small claims court actions. The law which shall resolve all disputes between the parties shall be the laws of Michigan and the United States of America.
How to Contact No Knob
If you have any questions or comments about the Terms or your dealings with the Website, please contact us by email sent to firstname.lastname@example.org or by mail at No-Knob, LLC, 3160 Haggerty Road, Suite 0, West Bloomfield, MI, 48323 USA.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
We may provide any notice to you under these Terms by (i) sending a message to the email address you provide, or (ii) by posting to the Website. Notices sent by email will be effective when we email and notices we provide by posting will be effective upon posting. You will keep your email address current.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to No-Knob, LLC, 3160 Haggerty Road, Suite 0, West Bloomfield, MI, 48323 USA, and an electronic cc email@example.com. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms do not confer any rights or remedies upon any person other than you. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of No Knob.