Terms & Conditions

Nile Merry Tools LLC ("Nile Merry Tools") recognizes the importance of protecting the personal privacy of its website visitors. The following Privacy Policy ("Policy") describes the types of information Nile Merry Tools may collect and permissible use that information. By using our website, you consent to the collection and use of information in the manner described below.

1. Collection and Use of Personal Information
   Nile Merry Tools does not collect personal information (name, address, e-mail address, telephone number, etc.) through its website unless you provide it to us voluntarily. Nile Merry Tools may ask you for personal information to respond to your questions; to process or fulfill your order, request, or employment inquiry; or to register you in contests and sweepstakes. In some instances, Nile Merry Tools may need additional personal information in order to process or fulfill your order, request, or employment inquiry. The decision to provide the additional information rests with you; however, if you do not provide some information, you may not be able to take advantage of all of our services or special offers. Nile Merry Tools will not share your personal information with third parties without your permission, except as otherwise necessary (i) to process or fulfill your order; (ii) to respond to your request or answer your inquiries, including employment inquiries, (iii) to enter you in contests, sweepstakes or other promotional activities that you voluntarily participate in, or (iv) to comply with any applicable law, court order or other judicial process. Nile Merry Tools may occasionally hire other companies to provide certain services on its behalf, including management of contests, sweepstakes and surveys. Nile Merry Tools may provide such companies with the minimum amount of personal information necessary to deliver the service. Nile Merry Tools will take reasonable steps to ensure that any personal information shared under these circumstances will not be used for any other purposes. Nile Merry Tools does not sell or provide personal information data to non-affiliate third parties for promotional purposes, and you will not receive e-mails or mailings concerning SAS or its products, services or promotions unless you specifically elect to receive such information.
2. Collection and Use of Statistical Information
   When you connect to our website, Nile Merry Tools may automatically collect technical, non-personal information. Examples include the type of Internet browser used, your computer operating system and the IP address of the website from which you linked to our website. Nile Merry Tools may share aggregate website statistical information (such as sales, traffic patterns or related information) with third parties to develop ideas for improving its web site and the services offered through the site. No such shared statistics will contain any personal information.
3. Cookies
   When viewing our website, information in the form of a "cookie" or similar file may also be stored on your computer. This information helps Nile Merry Tools to tailor its website in a manner to better match your interests and preferences. If you do not wish to receive cookies or want to be notified when they are placed on your computer, many Internet browsers allow you to erase existing "cookies," block cookies, or warn you before a cookie is stored on your computer. Consult your specific browser's instructions to learn more about these features.
4. Access by Children
   Nile Merry Tools has no way of distinguishing the age of individuals who access our website. If a child has provided us with personally-identifying information without consent from a parent or guardian, the child's parent or guardian should contact us, and we will take reasonable steps to remove the information from our files.
5. Modification or Deletion of Personal Information
   If you need to change or correct any personal information provided to us or wish to have all personal information we have collected removed from our files, please contact us and we will take reasonable steps to comply with your request.
6. Security
   Although no system is currently 100% immune from external attack, Nile Merry Tools has taken commercially reasonable measures to prevent unauthorized access to and improper use of your personal information.
7. Scope of Policy and Third Party Sites
   This Policy applies only to this website. The privacy policy of other websites, including those accessible by links from this site, may differ from ours. We encourage you to read the privacy policy for each website you visit, to ensure you understand and agree with the applicable policy.
8. Changes to Policy
   Nile Merry Tools reserves the right to change the Policy at any time without notice. Policy revisions are effective upon posting and apply only to data collected thereafter. You should periodically visit this Nile Merry Tools to review the current terms.

The Terms and Conditions of Use set forth below create a binding contract between Nile Merry Tools, LLC (hereinafter "Nile Merry Tool"), and you, the user of this web site. Please read these terms and conditions carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this web site.

1. This web site is intended only for use by those 18 years of age or older. By accepting these terms and conditions, you certify that you are at least 18 years of age or older, and that you are legally able to enter into a valid contract.
2. You agree and warrant that all information you provide to Nile Merry Tools through this web site, including but not limited to any contact information, billing information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform Nile Merry Tools promptly of any changes to your account information.
3. You agree to accept responsibility for all activities that occur under your account, including all orders placed through your account and password. You agree not to disclose your account password to others.
4. By creating an account with Nile Merry Tools, you consent to receive communications from us electronically via the e-mail address associated with your account. You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
5. You acknowledge that your use of the Nile Merry Tools web site is at Nile Merry Tool's discretion, and your license to use the web site may be terminated by Nile Merry Tools at any time. Nile Merry Tools reserves the right, at its sole discretion, to refuse service, to terminate any user's account and/or to cancel orders placed through the web site at any time.
6. By using this web site, you consent to Nile Merry Tool's collection and use of personal information as discussed in Nile Merry Tool's Privacy Policy, which is hereby incorporated into these Terms and Conditions of Use. A copy of the Privacy Policy can be accessed here.
7. The content of the Nile Merry Tools web site, including all text, graphics and other material displayed on or downloadable from the site, is either the property of, or used with permission by, Nile Merry Tools, and is protected by the copyright laws of the United States and other countries. The compilation of all the content on the Nile Merry Tools web site is also protected by the copyright laws of the United States and other countries. No material from the web site may be used, reproduced, distributed, modified, or publicly displayed or performed without the prior written permission of the owner of such material.
8. Nile Merry Tools reserves the right to modify, suspend or discontinue any or all aspects of this web site at any time without notice.
9. Nile Merry Tools, Nile Merry Tools, and all related product and service names and logos, design marks, slogans and trade dress are trademarks or service marks of Nile Merry Tool. Other marks displayed on this web site are the property of their respective owners. Nile Merry Tools trademarks, service marks, trade dress and other graphics, logos and slogans may not be used without prior written permission from Nile Merry Tool.
10. Nile Merry Tools grants you a limited, nonexclusive and revocable license to make personal use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of the Nile Merry Tools web site; to download or copy any user's account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Nile Merry Tools web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the Nile Merry Tools web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
11. You are granted a limited, nonexclusive and revocable license to create a hyperlink to the home page of the Nile Merry Tools web site, so long as the link and the linking page do not portray Nile Merry Tools or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not, however, use any of Nile Merry Tool's logos or other proprietary graphic material in creating such links. Nor may you use Nile Merry Tool's name or trademarks in metatags or any other hidden text without the express written consent of Nile Merry Tool. Displaying the Nile Merry Tools web site or any portion of the Nile Merry Tools web site in frames or through similar means on another web site is also prohibited without the express written consent of Nile Merry Tool. Any permitted links to the Nile Merry Tools web site must comply will all applicable laws, rules and regulations.
12. This web site may contain links to web sites that are not owned, operated or controlled by Nile Merry Tool. All such links are provided as a convenience, and do not in any way constitute Nile Merry Tool's endorsement or recommendation of the linked web site or the person(s) associated therewith. Nile Merry Tools is not responsible for any content of any third party web sites, and makes no representations regarding the content or accuracy of material on such sites. If you decide to access any linked web sites, you do so entirely at your own risk.
13. In the event that you have any problem with this web site or any content contained thereon, you agree that your sole remedy is to cease using this web site.
14. Nile Merry Tools attempts to ensure that all information on this web site, including information about products and services available for order through the site, is complete, accurate and up to date. However, Nile Merry Tools makes no guarantees as to the completeness or accuracy of any information on the site, or that the information is up to date. You agree that, should you purchase an item from Nile Merry Tools that is not as described on the Nile Merry Tools web site, your sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.
15. All content, specifications, product information and price information described or depicted on this web site are subject to change at any time without notice. The fact that a product or service is advertised or otherwise included in this web site at a particular time does not imply or warrant that the product or service is or will be available at that or any other time.
16. While Nile Merry Tools makes every effort to provide accurate pricing information, any prices listed on the Nile Merry Tools web site should be considered estimates only. The listed price may differ from the actual price of the item at the time of purchase due to any number of factors, including but not limited to typographical errors, an error in pricing or product information, or a price increase or decrease between the time the order is placed and the time the purchase is made. Prices for items cannot be confirmed until after an order is placed. If the actual price of an item you order is lower than that listed on the site, Nile Merry Tools will charge you the lower amount and ship the item. Should the actual price be higher, Nile Merry Tools may, at its discretion, either contact you about the discrepancy to see if you still wish the item at the higher price or cancel the order and notify you of the cancellation and the reason therefore.
17. All purchases made from this web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
18. After placing an order, you may receive an e-mail acknowledgement of that order from Nile Merry Tool. This acknowledgement does not constitute Nile Merry Tool's acceptance of the order or a confirmation of an offer to sell a product or service. There may be certain orders that Nile Merry Tools is unable to accept or fill, including but not limited to orders which call for shipment of goods to an address in violation of posted shipping restrictions for those goods. Nile Merry Tools reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Further, Nile Merry Tools reserves the right, without prior notice, to limit the order quantity on any product or service. Nile Merry Tools may also require additional information or verifications before processing certain orders. Should your entire order or any portion thereof be cancelled, or should Nile Merry Tools require additional information from you before processing the order, Nile Merry Tools will contact you. In the event that your credit card was charged for an order that is later cancelled, Nile Merry Tools will issue a credit to your credit card in the amount of the charge.
19. You acknowledge that any purchases you make through the Nile Merry Tools web site are also subject to and governed by Nile Merry Tool's Standard Terms of Sale, which are hereby incorporated into these Terms and Conditions of Use. A copy of the Standard Terms of Sale can be accessed here. You hereby represent that any products ordered through this web site will be used only in a lawful manner.
20. All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to Nile Merry Tools on or through this web site or any e-mail address associated with this web site (collectively, "User Submissions") shall be and remain the property of Nile Merry Tool. Your disclosure or submission of User Submissions shall constitute an assignment to Nile Merry Tools of all worldwide right, title and interest in any to all copyrights and other intellectual property rights in the User Submissions. You represent and warrant that you own or otherwise control all the rights to any User Submissions you make to Nile Merry Tools, and that use of the information or content you supply does not violate the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify Nile Merry Tools or its affiliates for all claims resulting from or related to content you supply. You further represent and warrant that any User Submissions you make to Nile Merry Tools will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam.
21. THIS WEB SITE IS PROVIDED BY Nile Merry Tools ON AN "AS IS" AND "AS AVAILABLE" BASIS. Nile Merry Tools MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Nile Merry Tools DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND ANY AND ALL PRODUCTS AND SERVICES INCLUDED, LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.
    
    BY USING THE Nile Merry Tools WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Nile Merry Tools DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF Nile Merry Tools ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, Nile Merry Tools DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND Nile Merry Tools WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
    
    Nile Merry Tools WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Nile Merry Tools HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, Nile Merry Tools WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON Nile Merry Tool'S COMPUTERS AND/OR SERVERS.
    
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. You agree to indemnify, defend and hold harmless Nile Merry Tools from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site.
23. This web site is created and maintained by Nile Merry Tools in the State of Ohio. You agree that the laws of the State of Ohio will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the Nile Merry Tools web site must be brought in the state or federal courts located in Montgomery County, Ohio, and you hereby consent to the exclusive personal jurisdiction of such courts.
24. Nile Merry Tools reserves the right to revise these Terms and Conditions of Use at any time. Any changes to the Terms and Conditions of Use will be included in a revised version of this document. You should visit this page from time to time to review the then current Terms and Conditions, and should cease using the web site if you do not agree to be bound by the terms and conditions contained herein.
25. This Agreement represents the entire understanding between the parties regarding your use of the Nile Merry Tools web site, and supersedes all other agreements, express or implied, between them. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Nile Merry Tool's failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
26. If you have any questions or comments about the Nile Merry Tools web site, we invite you to call our customer service department at 937/372-5255.

CAD FILE ACCESS TERMS AND CONDITIONS

The CAD Files from this website are the sole and exclusive property of Nile Merry Tools, LTD. These CAD files are copyrighted, trademarked and/or patented and owned by Nile Merry Tools, LTD. (hereafter "Nile Merry Tool") and, as such, are protected by copyright, trademark and patent laws in the United States and overseas by domestic and foreign laws and treaties.

You do not acquire any ownership rights to any content in the Nile Merry Tools CAD files by usage. You may not use these copyrighted, trademarked or patented materials or Confidential Information except in accordance with these "Terms and Conditions." Any unauthorized use, except in accordance with these Terms and Conditions, may constitute infringement or a breach of confidentiality and may be actionable by law.

The CAD files are confidential and/or proprietary to Nile Merry Tools (“Confidential Information”). You agree that you shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of Nile Merry Tool. All documents containing or representing Confidential Information of Nile Merry Tools shall be and remain the sole and exclusive property of Nile Merry Tools, notwithstanding the access made herein.

Nothing herein is intended to grant any rights to you under any patent, trademark, trade secret, mask work right or copyright of Nile Merry Tools, nor shall this Agreement grant you any rights in or to the Confidential Information of Nile Merry Tool. Rights not expressly granted or otherwise addressed under these Terms and Conditions are reserved by Nile Merry Tool.

You may not: (i) copy, modify, publish, or reproduce the Confidential Information; (ii) rent, lease, sell, sublicense, assign or otherwise make the Confidential Information available to third parties; (iii) use the Confidential Information or any material on this website in an unauthorized or illegal manner; or (iv) remove or in any way alter or obscure the markings on the materials contained herein and on any Confidential Information which provide notice of Nile Merry Tool’s copyright, trademark, trade dress, patent or other intellectual property rights.

ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” Nile Merry Tools HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE CONFIDENTIAL INFORMATION’S ACCURACY, COMPLETENESS OR PERFORMANCE INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

You shall indemnify, defend and hold harmless Nile Merry Tools, its parents, affiliates, subsidiaries, principals (partners, members, shareholders or holders of an ownership interest, as the case may be), managers, directors, officers, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claims, demands, loss, damage, actions, liabilities, and expenses (including reasonable counsel fees and court costs) relating to any claims arising out of your use of Nile Merry Tool’s Confidential Information or any violation of these Terms and Conditions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nile Merry Tools WILL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN Nile Merry Tools REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLIAMS, OR COSTS. IN ANY EVENT, Nile Merry Tool’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE DOWNLOAD OF ANY CONFIDENTIAL INFORMATION WILL BE LIMITED TO THE AMOUNT PAID FOR THE CONFIDENTIAL INFORMATION, IF ANY.

No downloadable materials from this website, including but not limited to the Confidential Information, may be downloaded or exported to Cuba, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods, nor to a national or resident of any such country. You represent and warrant that no Confidential Information that is subject to export control laws of the United States of America shall be exported from the US or re-exported from any other country without first complying with all export control laws, restrictions and regulations of the United States Government. You shall indemnify and hold harmless the Indemnified Parties from all claims, demands, losses, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws, restrictions and regulations.

These Terms and Conditions and the relationship between you and Nile Merry Tools shall be governed by the laws of the United States and the State of Ohio, without giving effect to any conflict of laws provision that would require the application of the laws of a different state. You agree that any dispute between you and Nile Merry Tools arising under these Terms and Conditions or your use of the Confidential Information shall be held before the Common Pleas Court of the state of Ohio located in Montgomery County, Ohio or before the United States Federal District Court, Southern District of Ohio, Western Division at Dayton, Ohio.

Nile Merry Tools reserves the right to change these Terms and Conditions at any time. By checking the box below all users are bound by these Terms and Conditions and any changes thereto.

Address inquiries concerning usage of Nile Merry Tools trademarks, copyrights, designs, or patents to:

Nile Merry Tools, LLC

1166 E Dayton Yellow Springs Rd.
Fairborn, OH 45324  USA
Telephone: +1(937)672-6034
Email: info@nilemerry.com