Terms of Use

Last updated December 30, 2019

NHS, Inc., (hereinafter “NHS” and “We”), provides its websites, including those accessible at www.nhs-inc.com and www.nhsfunfactory.com, (individually and collectively, the “Website”) to consumer users (hereinafter “You” and “Your”) subject to the following Terms of Use which govern your use of the Website (the "Agreement"). Unless otherwise defined, Capitalized terms have the meaning as defined in the NHS Privacy Policy.

This Terms of Use Agreement (this “Agreement”) applies to any and all websites, apps, and online services associated with NHS, Inc. and its affiliates, subsidiaries (the "Company") and brands, including but not limited to www.nhsfunfactory.com, nhsb2b.com, santacruzskateboards.com, santacruzsurfboards.com, santacruzsnowboards.com, independenttrucks.com, creatureskateboards.com, rictawheels.com, ojwheels.com, mobgrip.com, bronsonspeedco.com, kruxtrucks.com, norcalclothingco.com, as well as any websites or location where this Agreement is posted (all collectively referred to herein as the “Sites”).

By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites.

NHS does not sell your Personal Data to third parties. NHS may share your Personal Data with its third-party vendors for internal uses including for payment processing, order processing, customer communications and surveys, shipping and warranty processes. We value your privacy.

Your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time by posting revisions on the Website without prior notice. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Agreement. For this reason, we encourage you to review the Agreement whenever you use any NHS websites. If you do not agree to these terms, please do not use the NHS Fun Factory, or any NHS websites.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY PROVIDING SUBMISSIONS TO NHS THROUGH THE WEBSITE, YOU ARE AGREEING TO THE TERMS OF USE AND PRIVACY POLICY. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, OR BLOGS, YOU AGREE TO ABIDE BY ALL EXPRESSLY STATED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY PART OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE OR PROVIDE SUBMISSIONS TO NHS.

PLEASE REVIEW OUR PRIVACY POLICY

Ownership of Website Content

The Website and its elements are protected by copyright, trademark and intellectual property rights laws and treaties. The Website and its contents are intended solely for personal, non-commercial use. You may not solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, or collect or store personal data about other users of the Website. No right, title or interest in any downloaded content is transferred to you as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Website or its contents unless you have the express prior written permission of NHS.


Submissions of User Content

You are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to NHS on or through the Website (“Submissions”), including User Content Submissions from third party websites including Instagram, Twitter, Facebook, SnapChat and Pinterest associated with hashtags related to NHS including, for example, #santacruzskateboards and #independenttruckcompany. Such User Content Submissions may be used on the Website and on other NHS products or marketing materials including emails, social media and store signage.

You may only make a Submission if you are 18 years of age or over. If your Submission is selected by NHS to be used, it may be displayed for other users to see, together with your and associated Instagram, Twitter, Facebook, Snap Chat or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, and reserve the right, at its our sole discretion, to edit any Submission and to choose to utilize such Submission or portion thereof on the Website or in any other manner. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship of any Submission or portion thereof. All Submissions are non-confidential and will be treated as non-proprietary, except as specifically set forth herein. By making a Submission you represent and warrant that you have the right to grant, and do grant, NHS, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission or portion thereof, as well as your , Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge your Submission will not be returned, and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses and rights granted in this Agreement, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third-party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google's Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, malicious code commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submission. You expressly agree to indemnify NHS for all claims arising from or in connection with use of any Submission and any breach by you of any of these Terms of Use or applicable laws. You agree that NHS shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

The Website may include the opinions, statements and other content of third parties and any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of NHS, Inc., including its licensors and/or vendors, and NHS, Inc. does not expressly or impliedly endorse any such opinions, statements, or materials.


Feedback and User Content

Any questions, comments, suggestions, or other information about NHS products or services submitted to NHS through the Website (“Feedback”) shall be deemed non-confidential and non-proprietary. NHS is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. NHS is not responsible for Feedback made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that NHS does not pre-screen or approve Feedback and User Content, but that NHS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason. You agree that you must evaluate, and bear all risks associated with, the use of or reliance on any Feedback and User Content. Under no circumstances will NHS be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available.


User Conduct

You agree not to transmit or make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sex, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a NHS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to NHS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our Website infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to NHS, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.


Establishing an Account

The Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account Or Password Shall Be Your Responsibility.


Availability of Products, Services, Features and Content

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made.


External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that NHS is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.


Copyright and Trademark

NHS trademarks displayed on this Website are trademarks or registered trademarks of NHS and its affiliated companies in the United States and internationally (including but not limited to the NHS name, the SANTA CRUZ CLASSIC DOT logo, the INDEPENDENT TRUCK COMPANY logo, and other logos). All trademarks used by NHS but not owned by NHS are used by permission and are the sole property of their respective owners. All unauthorized use trademarks displayed on this Website is prohibited.

This Website is protected under copyright law and all rights are reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the NHS agent for notice of claims of copyright infringement ("Legal Department"), at [email protected] or: Legal Department, c/o NHS, Inc., 104 Bronson Street, #9, Santa Cruz, California 95062. You must provide our Legal Department with the following:

  1. Identify the material on the Website that you claim is infringing, with enough detail so that NHS may locate it on the Website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. 4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

If determined to be valid, NHS will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).


Notice of Copyright or Trademark Infringement

NHS respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide NHS with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address, so that NHS may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), we have designated a copyright agent to receive copyright infringement notices. NHS agent for notice of claims of copyright or trademark infringement on the Website is: Trademarks and Legal Department, c/o NHS, Inc., 104 Bronson Street, #9, Santa Cruz, California 95062; [email protected]]


Forums

As used in these Terms of Use, "Forum" means an area, site, or feature (such as chat rooms, bulletin boards, NHS pages on social media sites, and e-mail or instant messaging features) offered as part of the Website that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Website visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Forum, your use is at your own risk.

We are not responsible for the accuracy of any user content contained in any Forum or otherwise on our Website.


Indemnity

You agree to defend, indemnify, and hold harmless NHS and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by NHS arising out of or relating to your use or misuse, or anyone using your account’s use or misuse, of the Website, your violation of these Terms of Use, or your violation, or anyone using your account’s violation, of any rights of another.


Waiver and Severability

No waiver of these Terms of Use by NHS shall be deemed a further or continuing waiver and any failure of NHS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Entire Agreement

These Terms of Use, together with any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and NHS with respect to the Services.


General Terms

NHS’ performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of NHS’ right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by NHS with respect to such use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.


Governing Law

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising from these Terms of Use will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions. Any claim or dispute arising out of or relating to our products and services, these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Santa Cruz County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and NHS with respect to the subject matter of the Terms of Use and Privacy Policy.


Contact

If you have any questions about these Terms of Use or NHS Websites, please contact Customer Service at 800-543-7979 or email us at [email protected]