Terms and Conditions
Terms & Conditions
Last updated on May, 2024
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- Product warranty
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- Legal venue
- Quotations and advice
- Force majeure
- Shipping details
- Purchaser payment
- Error and mistakes
- Taxes
- Attorney and collection taxes
- Severability
- Return and cancellation policies
- Indemnification and hold harmiess
- Non-returnable reels
- Price Volatility Notice
- Part I. Acceptance and scope
- PART II. Errors, omissions, and corrections
- PART III. Orders, acceptance, and fulfillment
- PART IV. Pricing, payment, and taxes
- PART V. Store credits, promotions, coupons, and gift cards
- PART VI. Shipping, delivery, title, and risk of loss
- PART VII. Returns, refunds, and exchanges
- PART VIII. Warranties and disclaimers
- PART IX. Accessibility and Ada compliance
- PART X. Privacy, IP tracking, and device data
- PART XI. Acceptable use, security, and content
- PART XII. Limitation of liability and indemnification
- PART XIII. Dispute resolution, arbitration, and class action waiver
- PART XIV. General provisions
Product warranty
Nassau National Cable warrants that all products, unless otherwise specified by a mutual written agreement, will conform to the detailed specifications in the purchase order and will be free from performance-impairing defects.
This warranty is the exclusive warranty provided by Nassau National Cable. We will repair or replace defective products as per the manufacturer’s warranty period, but no longer than one year. For details about warranty length, customers should request this information in writing from Nassau National Cable at the time of purchase.
This warranty supersedes all other warranties, express or implied, and limits Nassau National Cable's liability to the purchase price of the products. It does not cover labor costs. Modifications, improper installation, or misuse voids the warranty.
Nassau National Cable is not responsible for:
- Issues not reported within the warranty period or 12 months from the date of shipment, whichever is sooner.
- Damages from alterations, incorrect usage, or unusual conditions.
- Products damaged in transit or by other non-fault conditions.
- Installation costs incurred before defect discovery, or attempts to repair alleged defects.
- Costs related to the removal and reinstallation of faulty products.
- Damages that are not directly and solely caused by defects in materials or craftsmanship.
Legal venue
Nassau National Cable may initiate legal proceedings related to any debt collection in competent courts of their choosing, and the purchaser consents to the jurisdiction and venue of these courts.
Shipping details
Taxes
Return and Cancellation Policies
Specialty Orders
Quotations and Advice
Purchaser Payment
Attorney and Collection Fees
Indemnification and Hold Harmless
Images
Force Majeure
Errors and Mistakes
Severability
Non-returnable Reels
Price Volatility Notice
IMPORTANT NOTICE, PLEASE READ CAREFULLY
These Terms contain a binding arbitration provision, a class action waiver, a jury trial waiver, limitations of liability, and warranty disclaimers that affect your legal rights. By accessing the Website or placing an Order, you acknowledge and agree to these Terms to the fullest extent permitted by applicable law.
These Terms govern all access to and use of the Website and all purchases of products from NNC, whether made through the Website, by telephone, by email, by purchase order, through a marketplace, or through any other sales channel, unless a separately signed written agreement expressly states that it supersedes these Terms.
Where any provision of these Terms cannot lawfully be applied to a particular customer, transaction, claim, or jurisdiction, that provision shall be deemed limited or inapplicable only to the minimum extent required, and shall be enforced to the maximum extent permitted. No provision of these Terms is intended to waive, and shall not be construed to waive, any right that applicable law makes non-waivable. NNC intends these Terms to provide NNC the maximum protection available under applicable law.
PART I. ACCEPTANCE AND SCOPE
1. Agreement to Terms
By accessing, browsing, or using the Website in any manner; by creating an account; by submitting information through any form; by requesting a quotation; by placing an Order; or by clicking any button, checkbox, or acknowledgment indicating acceptance, you agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy, Return Policy, Shipping Policy, and any Order-specific terms. If you use the Website or place an Order on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity. If you do not agree to these Terms, your sole and exclusive remedy is to discontinue use of the Website and refrain from placing Orders.
2. Modifications
NNC may modify these Terms at any time in its sole discretion. Updated Terms become effective when posted, or on the effective date stated in the posting, whichever is later. Your continued use of the Website after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by law. The Terms in effect at the time an Order is accepted govern that Order unless applicable law requires otherwise. You are responsible for reviewing the Terms periodically; NNC has no obligation to notify you of changes except as required by law.
3. Eligibility
The Website is intended for use by persons who are at least eighteen (18) years of age and capable of forming binding contracts. By using the Website you represent that you meet these requirements. NNC does not knowingly collect personal information from children under thirteen (13), and the Website is not directed to children.
PART II. ERRORS, OMISSIONS, AND CORRECTIONS
4. Errors and Omissions Disclaimer
NNC disclaims liability for typographical, pricing, inventory, or specification errors across all communications. We reserve the right to cancel any order placed in reliance on erroneous information, refunding only the amount paid.
Despite our efforts to provide accurate information, the Website and NNC communications may contain errors or omissions relating to, without limitation:
- product pricing, including prices that are obviously or materially below prevailing market or commodity value;
- product descriptions, specifications, gauges, conductor counts, insulation types, voltage ratings, ampacity, temperature ratings, certifications, and compliance listings;
- photographs, colors, packaging, reel sizes, and put-up lengths;
- inventory quantities and availability;
- shipping costs, freight classifications, dimensional weights, and delivery estimates;
- promotional offers, discount amounts, coupon codes, and credit values;
- tax calculations; and
- technical documents, data sheets, and cross-reference charts, including those supplied by manufacturers.
NNC reserves the right, at any time and without prior notice, to: (a) correct any error or omission; (b) update or change information; (c) cancel any Order, in whole or in part, that was placed in reliance on erroneous information, including after an order confirmation has been sent and including after payment has been processed; and (d) refuse or limit quantities. Where NNC cancels an Order under this Section, NNC's sole obligation and your sole and exclusive remedy shall be a refund of amounts actually paid to NNC for the canceled portion of the Order.
An erroneous price, description, or availability indication does not constitute an offer, and NNC shall have no obligation to honor it. You agree that you will not attempt to exploit, and will promptly report, any pricing or technical error you identify.
5. Quotations; Commodity Pricing; Metals Volatility
All quotations are non-binding invitations to transact, are subject to prior sale, and expire at the earlier of the stated validity period or twenty-four (24) hours from issuance unless a longer period is expressly stated in writing.
You acknowledge that wire and cable products are heavily dependent on commodity metals (including copper and aluminum) and petrochemical inputs whose market prices fluctuate continuously. NNC reserves the right, to the maximum extent permitted by law, to: (a) re-quote or adjust pricing prior to Order acceptance to reflect commodity movements; (b) treat quotations as automatically lapsed upon material commodity movement; and (c) for Business Customers, apply a metals surcharge or adjustment where stated in the quotation, Order documentation, or commercial agreement.
6. No Reliance
To the maximum extent permitted by law, you agree that you have not relied, and will not rely, on any statement, representation, or information not expressly set forth in a written document signed by an authorized officer of NNC. No employee, chat message, phone call, email signature block, social media post, or Website content creates any warranty, commitment, or contractual obligation beyond those expressly stated in these Terms or in an authorized written agreement.
PART III. ORDERS, ACCEPTANCE, AND FULFILLMENT
7. Order Formation
Your Order is an offer to purchase. NNC may accept or reject any Order in its sole discretion for any lawful reason, including suspected fraud, pricing errors, inventory limitations, credit concerns, shipping restrictions, export or sanctions concerns, or account history. An automated order confirmation email acknowledges receipt only and does not constitute acceptance. A binding contract forms only upon the earlier of: (a) NNC's express written acceptance; or (b) shipment of the Products (and only as to the Products actually shipped).
8. Availability; Backorders; Substitutions
All Products are subject to availability. NNC may, without liability: (a) allocate inventory among customers; (b) fulfill Orders in partial shipments; (c) place unavailable items on backorder; and (d) with your consent where required by law, offer functionally equivalent substitutes. Estimated restock and lead times are estimates only.
9. Cut-to-Length, Custom, and Special-Order Products
Cable cut to a customer-specified length, custom-manufactured items, non-stock items, special-procurement items, and items marked non-cancelable/non-returnable ("NCNR") are made or procured specifically for you. To the maximum extent permitted by law, such Products are non-cancelable once processing has begun and non-returnable, and you agree to pay for them in full. Stated cut lengths and reel put-ups are subject to industry-standard manufacturing and cutting tolerances, and delivered lengths within such tolerances constitute conforming goods.
10. Cancellations by Customer
Order cancellation requests must be submitted in writing and are effective only upon NNC's written confirmation. Orders that have entered processing, cutting, staging, or shipment may not be canceled. Where NNC in its discretion accepts a cancellation, NNC may deduct from any refund its costs incurred, including restocking, processing, cutting, packaging, and payment-processing costs, to the maximum extent permitted by law.
PART IV. PRICING, PAYMENT, AND TAXES
11. Prices
All prices are stated in U.S. dollars, exclusive of taxes, shipping, handling, insurance, duties, and fees unless expressly stated otherwise, and may change at any time without notice prior to Order acceptance. Prices displayed on the Website may differ from prices available through other channels, for other customer classes, or under negotiated agreements, and NNC has no obligation to match any price.
12. Payment; Authorization
By submitting payment information, you represent and warrant that you are authorized to use the payment method and you authorize NNC and its payment processors to charge the full Order amount, including taxes, shipping, and adjustments. NNC may place pre-authorization holds. If a payment method is declined, reversed, or fails, NNC may cancel or suspend the Order, and you remain liable for amounts due for Products shipped. NNC may use third-party payment processors and is not responsible for their acts or omissions to the extent permitted by law. NNC may require verification, additional documentation, or alternative payment for any transaction flagged by fraud screening.
13. Business Credit Accounts; Net Terms
Any extension of open-account credit or net payment terms is at NNC's sole discretion, may be conditioned on credit applications, trade references, and personal or corporate guarantees, and may be reduced, suspended, or revoked at any time. Unless otherwise stated in writing: invoices on approved terms are due within the stated net period; past-due balances accrue a late charge of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is lower; and NNC may apply payments to the oldest outstanding balances. You agree to reimburse NNC, to the maximum extent permitted by law, for all costs of collection of past-due amounts, including collection agency fees, court costs, and reasonable attorneys' fees. NNC may set off any amounts it owes you against amounts you owe NNC.
14. Chargebacks and Payment Disputes
You agree to contact NNC and pursue the dispute-resolution process described in these Terms before initiating any chargeback, payment reversal, or payment dispute. To the maximum extent permitted by law, you agree not to initiate a chargeback for any transaction that was authorized, for buyer's remorse, for delivery events outside NNC's control, or for disputes NNC has offered in good faith to resolve. Where a chargeback is resolved in NNC's favor, or where NNC reasonably determines a chargeback was improper, you agree to reimburse NNC for the disputed amount plus processor fees, administrative costs, and a reasonable investigation fee to the maximum extent permitted by law. NNC may suspend accounts, cancel pending Orders, require prepayment by alternative methods, and report abusive chargeback activity to payment networks, fraud databases, and law enforcement. NNC may use IP logs, device data, delivery confirmations, electronic signatures, and account records as evidence in chargeback representation.
15. Taxes; Exemptions
You are responsible for all applicable taxes, duties, and governmental charges. Tax-exempt customers must provide valid, current exemption certificates acceptable to NNC before Order placement; NNC has no obligation to refund taxes collected before a valid certificate is on file, except where required by law. You will indemnify NNC for taxes, penalties, and interest arising from invalid or misused exemption certificates to the maximum extent permitted by law.
PART V. STORE CREDITS, PROMOTIONS, COUPONS, AND GIFT CARDS
16. Store Credits
NNC may, in its sole discretion, issue store credits, courtesy credits, goodwill credits, promotional credits, or refund-in-credit ("Credits"). Unless applicable law requires otherwise or NNC expressly states otherwise in writing: Credits have no cash value; are not redeemable or refundable for cash; are non-transferable; may be applied only to future purchases from NNC; may be limited to specific accounts, product categories, or channels; expire twelve (12) months after issuance or on the earlier date stated at issuance; and may be voided if procured through fraud, abuse, error, or violation of these Terms. Issuance of a Credit is a customer-service accommodation and is not an admission of fault, defect, or liability.
17. Promotions, Coupons, and Discount Codes
All promotions, coupons, discount codes, rebates, free-shipping offers, and similar offers ("Promotions") are subject to the specific terms stated in the offer and to these Terms; are valid only for the stated period and while supplies last; may not be combined unless expressly stated; have no cash value; may exclude cut-to-length, custom, clearance, commodity-priced, and other designated Products; may be limited in quantity per customer, account, household, IP address, or payment method; and may be modified, suspended, or terminated by NNC at any time without notice to the maximum extent permitted by law. NNC may cancel Orders and void discounts obtained through code manipulation, unauthorized code distribution, bulk account creation, automated tools, or other abuse, and may recover the value of benefits obtained through such abuse.
18. Gift Cards and Prepaid Instruments
Where offered, gift cards and prepaid instruments are governed by the terms provided with the instrument and by applicable law, are not redeemable for cash except where required by law, and are not replaceable if lost or stolen except where required by law.
PART VI. SHIPPING, DELIVERY, TITLE, AND RISK OF LOSS
19. Shipping Terms
Unless expressly stated otherwise in writing, all shipments are F.O.B. / FCA shipping point (origin). Title and risk of loss or damage pass to you upon NNC's delivery of the Products to the carrier. For Consumer transactions, mandatory law governing risk of loss controls where applicable. NNC may select carriers, routes, and methods at its discretion, and may ship in multiple lots. Shipping and delivery dates are estimates only, are not guaranteed, and time is not of the essence. To the maximum extent permitted by law, NNC is not liable for carrier delays, damage, loss, misdelivery, or any consequential effects of delayed delivery.
20. Freight Deliveries; Inspection; Claim Windows
You must inspect all shipments upon delivery. For LTL/freight deliveries: note all visible damage or shortage on the delivery receipt before signing; a clear (unnotated) signed delivery receipt constitutes prima facie evidence of complete, undamaged delivery to the maximum extent permitted by law. Concealed damage or shortage must be reported to NNC in writing, with photographs and documentation, within five (5) business days of delivery, or such longer period as applicable law requires. Failure to comply may result in denial of the claim by the carrier and, to the maximum extent permitted by law, waiver of the claim against NNC. Where risk of loss has passed at origin, your remedy for transit loss or damage lies against the carrier; NNC will reasonably cooperate in claim submission as an accommodation.
21. Delivery Failures; Storage; Re-delivery
You are responsible for providing accurate, complete, and deliverable address information and for ensuring capability to receive delivery (including forklift/dock capability for freight where needed). Additional costs arising from inaccurate information, refused delivery, missed appointments, re-delivery, re-consignment, liftgate requirements not disclosed at checkout, residential-delivery reclassification, storage, or demurrage are your responsibility and may be charged to your payment method to the maximum extent permitted by law.
PART VII. RETURNS, REFUNDS, AND EXCHANGES
22. Return Policy
All sales are strictly final. To the maximum extent permitted by applicable law, NNC operates under a firm non-returnable, non-refundable, and non-exchangeable policy for all Products. Once an Order has been processed or shipped, it cannot be canceled, and no returns will be accepted under any circumstances, including for standard, cut-to-length, custom, special-order, NCNR, or clearance Products. NNC does not normally issue Return Merchandise Authorizations (RMAs). Very rarely NNC may issue an RMA in but written prior authorization of management is required. Any items shipped back to NNC facilities will be refused, discarded, or returned to you at your sole cost and risk.
23. Refund Method and Timing
Approved refunds will be issued, at NNC's option and to the extent permitted by law, to the original payment method or as a Credit, less applicable deductions, within a commercially reasonable period after receipt and inspection of the returned Products. Original shipping charges are non-refundable except where required by law or where the return results from NNC's verified error.
PART VIII. WARRANTIES AND DISCLAIMERS
24. Manufacturer Warranties; Pass-Through Only
Products may be covered by warranties provided by their manufacturers. To the maximum extent permitted by law, NNC passes through such manufacturer warranties, where transferable, as your sole warranty recourse for Product performance, and your remedies for warranty claims lie against the manufacturer. NNC is a distributor and is not the manufacturer of the Products it sells unless expressly stated.
25. Disclaimer of Warranties
The Website and all Products are provided strictly "AS IS" and "AS AVAILABLE". NNC explicitly disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NNC does not warrant that the Website will be secure or error-free, nor that Product descriptions are entirely accurate.
26. Application Suitability; No Professional Advice
You are solely responsible for determining the suitability of any Product for your intended application, including compliance with the National Electrical Code, local codes, permitting requirements, ampacity and derating calculations, environmental conditions, and installation standards. Website content, data sheets, cross-references, chat responses, and customer-service communications are provided for general informational purposes only and do not constitute engineering, electrical, legal, or other professional advice. Products requiring professional installation should be installed by licensed, qualified professionals. To the maximum extent permitted by law, NNC is not liable for improper selection, application, installation, or use of Products.
27. Warranty Claim Procedure
Alleged defects must be reported to NNC in writing promptly after discovery and, in any event, within any applicable manufacturer claim window. NNC may require photographs, samples, batch/reel numbers, invoices, installation details, and return of the affected Product for inspection. Products allegedly defective must not be further installed, altered, or discarded prior to inspection, and failure to preserve them may void the claim to the maximum extent permitted by law. Where a claim is verified, your sole and exclusive remedy, at NNC's option and subject to the applicable manufacturer warranty, is repair, replacement, or refund of the price paid for the affected Product.
PART IX. ACCESSIBILITY AND ADA COMPLIANCE
28. Accessibility Commitment
Nassau National Cable is committed to making its Website usable by the widest possible audience, including individuals with disabilities, and to providing meaningful, substantially equivalent access to the goods, services, information, and functionality offered through the Website. NNC maintains an ongoing accessibility program that may include automated scanning, manual testing, keyboard-only testing, screen-reader compatibility testing, remediation ticketing, vendor coordination, employee awareness, and periodic reassessment.
29. Accessibility Standards; No Certification
NNC uses the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a technical reference in evaluating and improving the Website. Accessibility is an ongoing process rather than a one-time certification, and Website content, features, and third-party components change continuously. Accordingly, and to the maximum extent permitted by law, NNC does not represent or warrant that every page, feature, document, or third-party component conforms to every WCAG success criterion at every moment, and references to WCAG do not create contractual conformance obligations. NNC's good-faith, ongoing remediation program is intended to identify and address barriers as they are discovered.
30. Third-Party Components
The Website incorporates third-party functionality (including payment processing, chat, search, analytics, reviews, video, and embedded applications) whose accessibility NNC does not control. NNC seeks, where commercially practicable, to work with vendors that support accessible experiences, but is not responsible for the accessibility of third-party systems to the maximum extent permitted by law.
31. Accessibility Assistance and Barrier Reporting, Please Contact Us First
If you experience difficulty accessing any part of the Website or completing a transaction, we want to help, and we will provide reasonable alternative access, including live telephone and email assistance to browse products, obtain pricing, and place orders. Please contact our Accessibility Support at (516)-482-6313 and describe the page, the barrier encountered, and the assistive technology in use, so that we can assist you promptly and investigate remediation. You are not required to provide any particular information or waive any right in order to receive assistance. NNC will make good-faith efforts to respond promptly to accessibility reports, and maintain internal records of reports, investigations, and remediation for continuous improvement.
32. Non-Discrimination
NNC provides equal access to its Website, Products, and services and does not unlawfully discriminate on the basis of race, color, religion, national origin, sex, pregnancy, gender identity or expression, sexual orientation, disability, age, genetic information, veteran or military status, citizenship or immigration status where protected, or any other characteristic protected by applicable law. NNC may apply legitimate, non-discriminatory commercial criteria, including credit, fraud-prevention, sanctions, export, geographic, volume, and payment-verification requirements.
PART X. PRIVACY, IP TRACKING, AND DEVICE DATA
33. Privacy Policy
NNC's Privacy Policy is incorporated into these Terms by reference and describes our collection, use, disclosure, retention, and protection of personal information. In the event of a conflict between these Terms and the Privacy Policy concerning privacy practices, the Privacy Policy controls as to those practices.
34. IP Address, Device, and Session Tracking, Notice and Consent
To the maximum extent permitted by law, and as described further in the Privacy Policy, you acknowledge and consent to NNC's automatic collection, logging, retention, and use of technical data when you access the Website or communicate with NNC electronically, including: IP address and derived approximate geolocation; device identifiers, device type, operating system, and browser characteristics; device fingerprinting signals; session identifiers, referring URLs, pages viewed, clickstream data, search terms, and interaction events; cart, checkout, and form activity (including, where deployed, session-replay and analytics tooling); network information; and timestamps.
NNC uses this data for purposes including: operating, securing, and improving the Website; authenticating users and preventing account takeover; detecting and preventing fraud, chargeback abuse, promotion abuse, bot activity, and scraping; verifying and evidencing transactions, electronic assent, and communications; enforcing these Terms; complying with law and responding to lawful requests; analytics and performance measurement; and, subject to applicable consent requirements, advertising and marketing measurement. You agree, to the maximum extent permitted by law, that NNC's system logs and electronically stored records of IP addresses, device data, timestamps, and clickstream activity are admissible business records and may be used as evidence of access, assent, order placement, and account activity in any dispute, chargeback, arbitration, or proceeding.
35. Cookies and Similar Technologies
NNC and its service providers use cookies, pixels, tags, SDKs, local storage, and similar technologies for functionality, security, analytics, personalization, fraud prevention, and advertising. Where applicable law requires consent for particular technologies, NNC will seek consent through a cookie banner, preference center, or other lawful mechanism, and you may manage preferences through those tools and through your browser settings. Disabling certain technologies may impair Website functionality.
36. Advertising Pixels and Platform Data Sharing, Meta, TikTok, Google, and Others
The Website uses third-party advertising and analytics technologies, which may include the Meta (Facebook/Instagram) Pixel and Conversions API, TikTok Pixel and Events API, Google Ads and Google Analytics tags, Microsoft Advertising, LinkedIn Insight Tag, and similar technologies from other platforms (collectively, "Platform Technologies"). Platform Technologies may collect or receive information about your device and your interactions with the Website (such as pages viewed, products viewed, items added to cart, purchases, and hashed contact identifiers) and match it with platform accounts to measure advertising, build audiences, and deliver interest-based ads on and off the Website.
To the maximum extent permitted by law, you acknowledge and, where consent is the applicable legal basis, consent to this collection and sharing. Data received by advertising platforms is processed by those platforms under their own terms and privacy policies, which NNC does not control; NNC is not responsible for the independent practices of Meta Platforms, Inc., TikTok Inc., Google LLC, or any other platform to the maximum extent permitted by law. You may opt out of interest-based advertising through our cookie preference tools where offered; platform ad-settings pages; industry tools such as the DAA (aboutads.info) and NAI (networkadvertising.org) opt-out pages; and, where applicable, the "Do Not Sell or Share My Personal Information" or equivalent mechanism described in our Privacy Policy. Where applicable state privacy law treats pixel-based sharing as a "sale" or "sharing" of personal information or as targeted advertising, the rights and mechanisms described in the Privacy Policy apply.
37. Social Media Presence
NNC maintains pages and accounts on third-party platforms (including Meta/Facebook, Instagram, TikTok, X, LinkedIn, YouTube, and others). Your use of those platforms is governed by the platforms' own terms and policies. NNC is not responsible for platform availability, moderation decisions, platform data practices, or third-party content. NNC may, without liability and without notice, moderate, hide, restrict, or remove comments or content on its own pages that it reasonably considers unlawful, infringing, deceptive, abusive, off-topic, or commercially harmful, to the extent permitted by law and platform rules. Content posted by users on NNC's social pages is subject to the license in Section 45. Promotions run on social platforms are not sponsored, endorsed, or administered by the platforms.
38. Communications Recording and Monitoring
To the maximum extent permitted by law, and subject to any notice or consent required by applicable call-recording and wiretap laws, NNC may monitor and record telephone calls, chat sessions, and other communications with NNC for quality assurance, training, security, dispute resolution, and record-keeping, and may retain and use such recordings as business records.
39. Electronic Communications; E-SIGN Consent
You consent to receive communications, records, notices, disclosures, receipts, invoices, and updated Terms from NNC electronically, including by email, SMS (where you have opted in), account notices, and Website postings, and you agree that electronic communications satisfy any legal requirement that communications be in writing to the maximum extent permitted by law. You agree that electronic signatures, click-through acceptances, checkbox acknowledgments, and similar electronic assent mechanisms are binding. You may withdraw consent to electronic delivery, or request paper copies, as described in our E-SIGN disclosures where applicable; withdrawal may limit your ability to transact through the Website.
40. Marketing Communications; SMS Program
Where you have provided the applicable consent, NNC may send marketing emails and, under a separately disclosed SMS program (with terms including message frequency, message-and-data-rates notice, HELP, and STOP instructions), marketing text messages. Consent to marketing texts is not a condition of purchase. You may opt out at any time via unsubscribe links or by replying STOP; transactional and legally required communications may continue. NNC intends to comply with CAN-SPAM, the TCPA, and analogous state laws, and any claim arising from communications is subject to the dispute-resolution provisions of these Terms to the maximum extent permitted by law.
PART XI. ACCEPTABLE USE, SECURITY, AND CONTENT
41. Prohibited Conduct
You agree not to: violate any law; infringe any intellectual-property, privacy, or other right; access or attempt to access non-public systems, other users' accounts, or data without authorization; probe, scan, or test the vulnerability of any NNC system without written authorization; introduce malware or harmful code; interfere with or disrupt the Website or impose an unreasonable load on NNC infrastructure; scrape, crawl, harvest, or extract Website data, pricing, catalogs, images, or content by automated means or otherwise for competitive, commercial, or database-building purposes, including for training artificial-intelligence or machine-learning models, without NNC's prior written consent; frame or mirror the Website; use bots or automated purchasing tools; circumvent access controls, quantity limits, geographic restrictions, or Promotion limits; create accounts by automated means or under false or fraudulent pretenses; submit false payment, identity, or exemption information; engage in chargeback or refund abuse; misrepresent affiliation with NNC; resell Website access; or assist any third party in doing any of the foregoing.
42. Enforcement; Suspension; Fees for Abuse
NNC may investigate suspected violations; preserve and disclose information as reasonably necessary or as required by law; throttle, block, or ban IP addresses, devices, accounts, or payment methods; cancel Orders; revoke Credits and Promotions; suspend or terminate access; and pursue civil and criminal remedies. To the maximum extent permitted by law, you agree to reimburse NNC for its reasonable costs of investigating and remediating your violation of these Terms, including personnel time, forensic costs, and attorneys' fees.
43. Security Vulnerability Reporting
Suspected vulnerabilities should be reported to (516)-482-6313. This Section does not authorize testing, exploitation, data access, or disclosure, and no bounty, reward, or safe harbor is promised or implied unless expressly stated in a written NNC program.
44. Accounts
You are responsible for maintaining the confidentiality of your credentials and, to the maximum extent permitted by law, for all activity under your account. Notify NNC immediately of suspected unauthorized use. NNC may suspend or terminate accounts at any time for suspected fraud, abuse, non-payment, security risk, or violation of these Terms.
45. User Submissions; Reviews; License
If you submit reviews, ratings, photographs, videos, questions, comments, testimonials, suggestions, feedback, or other content to NNC or post such content on NNC's Website or social pages ("Submissions"), you grant NNC a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such Submissions, in whole or in part, in any media, for any lawful business purpose, including marketing and advertising, without compensation, attribution, or further consent, to the maximum extent permitted by law. You represent that you own or control all rights in your Submissions, that they are accurate and not misleading, that any review reflects your genuine experience, and that you will disclose any material connection to NNC where required by FTC guidance. NNC may screen, edit, decline, or remove Submissions in its discretion but has no obligation to do so and does not endorse Submissions. Ideas and feedback are non-confidential, and NNC may use them freely without obligation.
46. Intellectual Property; Limited License; DMCA
The Website and all Content including text, product descriptions, specifications, photographs, graphics, logos, trademarks, trade dress, catalogs, part-numbering systems, databases, software, and design are owned by or licensed to NNC and protected by intellectual-property laws. NNC grants you a limited, revocable, non-exclusive, non-transferable license to access the Website for legitimate personal or internal business purchasing purposes. All other rights are reserved. "Nassau National Cable," "NNC," and associated logos are trademarks of NNC; third-party marks belong to their owners, and their appearance does not imply affiliation or endorsement. Copyright-infringement notices under the DMCA should be sent to our designated agent at 505 Northern Blvd #209, Great Neck, NY 11021 and must include the elements required by 17 U.S.C. § 512(c)(3). NNC may remove allegedly infringing material and terminate repeat infringers.
PART XII. LIMITATION OF LIABILITY AND INDEMNIFICATION
47. Limitation of Liability
In no event shall NNC be liable for indirect, incidental, punitive, or consequential damages, including lost profits, labor costs, or delay damages. NNC's total aggregate liability relating to any transaction shall strictly not exceed the amount actually paid to NNC for the specific product giving rise to the claim. Liability for website use unrelated to a purchase is capped at one hundred U.S. dollars (US $100).
The limitations in this Section are a fundamental basis of the bargain, apply even if a limited remedy fails of its essential purpose, and apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in this Section limits liability that cannot lawfully be limited, including liability for death or personal injury where such limitation is prohibited, or waives non-waivable consumer rights or statutory remedies.
48. Claims Period
To the maximum extent permitted by law, any claim arising out of or relating to the Website, these Terms, or any transaction must be commenced within one (1) year after the claim accrues, or it is permanently barred. This Section does not shorten any period that applicable law prohibits from being shortened.
49. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless NNC and its officers, directors, members, employees, agents, affiliates, and service providers from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your breach of these Terms; your violation of law or third-party rights; your Submissions; your misuse of the Website; your fraudulent or unauthorized payment activity; your resale of Products; your selection, installation, application, alteration, or use of Products (including use contrary to instructions, codes, or ratings); and taxes arising from your exemption claims. NNC may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate. Nothing in this Section requires a Consumer to indemnify NNC where applicable law prohibits shifting the applicable liability.
50. Force Majeure
NNC shall not be liable for any delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemics, war, terrorism, civil unrest, labor disputes, raw-material or commodity shortages, manufacturer or supply-chain failures, carrier failures, port congestion, customs actions, utility or telecommunications outages, Internet or hosting failures, cyberattacks, and governmental actions. Affected obligations are suspended for the duration of the event, and NNC may allocate available supply at its discretion. Force majeure does not eliminate legally required consumer remedies.
PART XIII. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
51. Important Notice
Before initiating arbitration, the disputing party must provide written notice and negotiate in good faith for at least sixty (60) days. This acts as a mandatory condition precedent to further legal action.
52. Informal Resolution First (Mandatory)
Before initiating arbitration or litigation, you and NNC each agree to first send the other a written notice of dispute describing the claimant's name and contact information, the Order number, the nature of the dispute, supporting information, and the specific relief sought (to NNC at 505 Northern Blvd #209, Great Neck, NY 11021), and to negotiate in good faith for at least sixty (60) days. This is a condition precedent to arbitration or suit to the maximum extent permitted by law. Statutes of limitations and filing-fee deadlines are tolled during this period to the extent permitted by law. Nothing prevents either party from seeking emergency injunctive relief or complying with a mandatory statutory deadline.
53. Binding Individual Arbitration
Except for the exclusions in Section 55, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, any communication, any advertising, any data practice, or any Order or Product (a "Dispute") shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Consumer arbitrations shall be conducted in the county of the consumer's residence, remotely by videoconference, or as the AAA rules provide; commercial arbitrations shall be conducted in Nassau County, New York unless otherwise agreed. Fees shall be allocated per the applicable AAA rules and applicable law; where required for enforceability, NNC will pay arbitration fees that exceed the cost of filing in court. The arbitrator has exclusive authority to resolve all disputes, including arbitrability, except that the enforceability of the Class Action Waiver shall be decided by a court. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and award shall be confidential to the maximum extent permitted by law.
54. Class Action and Jury Trial Waiver
All disputes must be arbitrated or litigated on a strictly individual basis. All parties knowingly and voluntarily waive any right to participate in class actions, consolidated proceedings, or jury trials.
55. Exclusions: Small Claims; Injunctive Relief; IP
Either party may: (a) bring an individual claim in small claims court where it qualifies; (b) seek temporary emergency injunctive relief in court in aid of arbitration; and (c) bring court proceedings to protect intellectual property or to address unauthorized access, scraping, or security violations. Nothing in these Terms prevents any person from filing complaints with, reporting to, or cooperating with governmental or regulatory agencies, or from exercising any non-waivable statutory right.
56. Mass Arbitration Protocol
If twenty-five (25) or more demands for arbitration raising similar claims are filed against NNC by or with the assistance of coordinated counsel or organizations, the parties agree, to the maximum extent permitted by law and the applicable AAA rules, to: staged "bellwether" proceedings (an initial set of up to ten (10) arbitrations proceeding first); deferral of filing fees for non-bellwether matters until they proceed; a global mediation following bellwether resolution; and application of AAA Mass Arbitration Supplementary Rules where applicable. Statutes of limitations are tolled for deferred matters. This Section does not deprive any claimant of a non-waivable right.
57. Arbitration Opt-Out
You may opt out of the arbitration agreement and class action waiver by mailing a signed written notice to 505 Northern Blvd #209, Great Neck, NY 11021 within thirty (30) days of your first acceptance of these Terms, stating your name, address, email, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
58. Governing Law; Venue
These Terms and all Disputes are governed by the laws of the State of New York and applicable federal law, without regard to conflict-of-laws rules, except where the mandatory law of a consumer's home jurisdiction is required to apply. For any Dispute properly proceeding in court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York, and waive objections to such venue, subject to mandatory consumer venue laws. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
PART XIV. GENERAL PROVISIONS
59. Export, Sanctions, and Lawful Use
You represent that you are not located in, and will not ship Products to, any destination, person, or entity restricted by U.S. export-control or sanctions laws, and that you will comply with all laws applicable to your purchase, importation, resale, and use of Products.
60. Government and Regulatory Rights
Nothing in these Terms prohibits any person from contacting or filing a complaint with any governmental agency, reporting suspected unlawful conduct, participating in an investigation, or exercising any right under applicable law.
61. Assignment; No Third-Party Beneficiaries
NNC may assign these Terms, in whole or in part, in connection with a merger, acquisition, financing, reorganization, or sale of assets, or to an affiliate. You may not assign these Terms or any Order without NNC's written consent, and any attempted assignment in violation is void. Except as expressly stated (including NNC affiliates and service providers as intended beneficiaries of the protections in these Terms), there are no third-party beneficiaries.
62. Severability; Reformation; Maximum Lawful Effect
If any provision is held invalid or unenforceable as to any customer, claim, or jurisdiction, it shall be reformed to the minimum extent necessary to be enforceable and, if reformation is not possible, severed, and the remainder shall continue in full force. Each provision applies to the maximum extent permitted by law, and the parties intend every limitation, disclaimer, waiver, and protection in favor of NNC to be given its broadest lawful effect. No provision shall be construed against NNC as drafter except where a statutory rule requires otherwise.
63. Entire Agreement; Order of Precedence; No Waiver; Survival
These Terms, together with the Privacy Policy, posted policies, Order-specific terms, and any expressly incorporated documents, constitute the entire agreement regarding their subject matter and supersede prior discussions. In case of conflict, the following order of precedence applies unless mandatory law requires otherwise: (1) mandatory applicable law; (2) a signed written agreement expressly stating it controls; (3) accepted Order-specific terms and quotations stating they control; (4) these Terms; (5) other incorporated policies. Preprinted or electronic terms on your purchase orders or portals are expressly rejected and do not bind NNC, even if an Order is fulfilled, absent NNC's signed acceptance of such terms. NNC's failure to enforce any provision is not a waiver; waivers must be in a writing signed by NNC. Provisions that by their nature should survive (including payment obligations, IP, disclaimers, limitations of liability, indemnities, dispute resolution, and governing law) survive termination.
64. No Admission
NNC's investigation of a complaint, issuance of a refund or Credit, accessibility accommodation, technical correction, courtesy accommodation, or other customer-service action is a goodwill measure and does not constitute an admission of liability, defect, non-compliance, or breach.
65. Notices; Contact
Legal notices to NNC must be sent to: Nassau National Cable, 505 Northern Blvd #209, Great Neck, NY 11021, with a copy to Sales@nassaunationalcable.com. NNC may provide notices to you by email, Website posting, account notice, or mail, and such notices are effective when sent or posted to the maximum extent permitted by law.
66. Customer Acknowledgment
By using the Website or placing an Order, you acknowledge that you have had the opportunity to read these Terms, that these Terms contain legally significant provisions including arbitration, class-waiver, disclaimer, and limitation-of-liability provisions, and that you accept these Terms to the extent legally enforceable.
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