Providing Tools and Contractor Supplies at BEST PRICES!
Welcome to National Industrial Supply and our User Agreement. From time to time NIS may amend this User Agreement by posting the changes on our website. The terms shall automatically become effective the moment they have been posted. This User Agreement was last revised on March 14, 2002.
The following terms apply to your use of the services and web sites of NIS. By using any of our services or opening an account with any of our websites, you agree to all terms as stated below.
Services Provided
NIS focuses on the needs of the industrial and construction industry. Our purpose is to provide competitive pricing on products that are in high demand along with the user -friendly shopping environment.
Privacy
You agree to all terms as outlined in the privacy statement.
Usage Fees
At NIS there are no dues or fees for the use of this website.
Returns
Return merchandise will only be accepted if it is in the original condition and within thirty days of the purchase date. A return authorization number is required for all returns. Returns must be sent freight pre-paid to National Industrial Supply, 4726 N. Pomona Ave, Tucson AZ 85705. If an order is returned or the buyer does not accept the delivery of an order without prior authorization from NIS, NIS will treat this order as delivered. If after 60 days of unauthorized return or non-acceptance, the customer has not claimed the order and paid the appropriate shipping costs to send merchandise, the merchandise of the order will become NIS' property and the order will be treated as fulfilled. All refunds for returned orders will be issued in form of checks. We will not charge back credit cards that have been used for payments.
Shipping
A general shipping and handling charge of 15% of the total order amount applies to all orders placed on our website. Merchandise will be shipped with UPS Ground and should arrive within 5 business days after the order has been processed. Our order-tracking tool allows the user to follow up on the status of an order. We reserve the right to change our shipping policies and in particular our shipping costs whenever required for business purposes or to enhance service for our customers.
Release and Waiver of Claims
In the event of a dispute between users of the NIS site, you agree to waive any claim against NIS, including our officers, directors, agents and employees for any claims of liability in any way arising out of the dispute. California resident users agree to waive the provisions of California Civil Code §1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold NIS, its officers, directors, agents and employees harmless from any and all claims or damages, including court costs and attorney fees, arising out of your use of our site and our services.
No Warranties
YOU, AS USER, AGREE THAT THE SERVICES OF NIS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Liability Limitation
YOU, AS USER, AGREE THAT NIS SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SITE, OUR SERVICES OR THIS USER AGREEMENT.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, the limitations set forth in sections 7 and 8 may not apply to you.
Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be first submitted to mediation under the commercial mediation rules of the American Arbitration Association or to a mediator agreeable to the parties. If an impasse is reached, as determined by the parties or the mediator, the claim or controversy shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in the appropriate court of competent jurisdiction. This clause shall not limit either parties' right to obtain any provisional remedy, including without limitation, injunctive relief, orders for recovering possessions or similar relief, from any court of competent jurisdiction deemed necessary by either party to protect its property rights.
Attorneys Fees
Should it be necessary for any party to this User Agreement to institute any legal action to enforce any provision of this Agreement or any dispute arising out of this Agreement, the prevailing party is entitled to receive from the other party such amount as the court or the arbitrator shall adjudge to be reasonable attorney's fees for the services rendered the prevailing party in such action or proceeding. Attorney's fees shall include those for services rendered for purposes of an arbitration or court action but shall not include any services rendered relating to a mediation of the dispute.
National Industrial Supply (NIS) is committed to bringing the industrial and construction industry the best and most complete services. We are also committed to protecting our users' individually identifiable information. Therefore, our goal is to balance the information needed to offer great services with a reasonable protection of privacy. By accessing or using any of our web sites, users agree to the terms of the NIS Privacy Statement, as outlined below. If they do not agree to these terms, they should not access or use this site.
NIS believes in establishing trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This privacy statement covers all websites operated by National Industrial Supply, doing business as National Industrial, Building, and Construction Supply. This Privacy Statement demonstrates our commitment to our users' privacy and discloses our information practices.
If users have questions or concerns regarding this statement, they should contact us by phone at 1-866-425-4693 or by email at contact@nibcs.com.
NIS is the sole owner of the information collected on its web sites. NIS gathers information from our users at several different points on our web sites.
Registration
Browsing our complete catalog, including pricing information, does not require registration. To place orders on our web sites, a user must first complete the registration form. During registration a user is required to give contact information (such as name, email address, and physical address). We use this information to contact the user about services on our site for which he has expressed interest. We do not collect demographic information (such as income level and gender). The email address of a user functions as a unique identifier and is in combination with a password required to access the account information of the user.
Order
We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, the information is used to contact the person who placed the order.
Profile
We store information that we collect through forms and log files to create a profile of our users. A profile is stored information that we keep on individual users detailing their viewing preferences and shopping history on our site. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our web sites, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.
Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. We use only session ID cookies, which themselves do not contain personally identifiable information. For the session ID cookie, once users close the browser, the cookie simply terminates. By setting a cookie on our site, users will not have to log in with a password more than once, thereby saving time while on our site. If users reject the cookie, they may not be able to use the shopping cart feature or log in, but can still view our products.
Third Party Advertising
WE DO NOT HAVE THIRD PARTIES ADVERTISING ON OUR WEBSITE.
Log Files
Like most standard web sites servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Special Offers and Updates
Established members will occasionally receive information on products, services, and special deals.
Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email.
Customer Service
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web sites.
Aggregate Information (non-personally identifiable)
We do not share aggregated demographic information with any third party.
Third Party Advertisers
NIS does not share web sites usage information about users with any third party.
These are the instances in which we will share users' personal information: We DO NOT share personal information with third parties, except with our credit card processing company Authorize.Net and the company that will be shipping a users order.
Third Party Intermediaries
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. It is not possible for NIS to determine or to control to which extent these companies retain, share, store or use personally identifiable information for any secondary purposes.
Service Providers
We partner with Authorize.Net to provide credit-card-specific services. When the user provides credit card information, we share names, address information, and credit card information as necessary for the third party to provide these services. The third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
In the event NIS goes through a business transition - such as a merger, being acquired by another company, or selling a portion of its assets - users' personal information will, in most instances, be part of the assets transferred. Users will be notified via email prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Choice/Opt-out
Users who no longer wish to receive promotional communications may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email, email us, or contact us by phone to opt-out.
Our web sites contain links to other sites. Please be aware that we, NIS, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our web sites.
If a user elects to use our referral service for informing a colleague about our site, we ask them for their name and email address. NIS will automatically send the colleague a one-time email inviting them to visit the site. NIS stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The colleague may contact NIS to request the removal of this information from our database.
Our web sites take every precaution to protect our users' information. When users submit sensitive information via the web sites, their information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices and on the web servers of our hosting company ZaneSoft (www.zanesoft.com). Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Because our accounting system is secured on the servers, only authorized personnel has access to it protected by username and password. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers that store personally identifiable information are located in a secure environment, in a monitored facility.
In order for our web sites to properly fulfill obligations to users it is necessary for us to supplement the information we receive with information from 3rd party sources.
ID and Address Verification
We use Authorize.Net to verify a user's credit card address to protect our honest customers and us from fraudulent credit card charges.
Purchasing History
In order for us to enhance its ability to tailor the site to a user's preference, we store information about the purchasing habits of users.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct or update personally identifiable information. This can usually be done by emailing our Customer Support and can also be deactivated by calling us.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our web sites notifying users of the change. In some cases where we post a notice we will also email users, who have opted not to receive communications from us, notifying them of the changes in our privacy practices.
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