Terms and Conditions
NANOHOLD TERMS & CONDITIONS
Please read these terms and conditions carefully before using NanoHold product(s) “NanoHold” or “NanoHolds”
NanoHold is a brand of product(s) owned and operated by Eoseek LLC. The following terms and conditions govern all use of NanoHold product(s) regardless of where or how the NanoHold product(s) was/were obtained.
NanoHold product(s) are offered subject to your acceptance without modification of all of the terms and conditions contained herein and that may be published from time to time on the http://www.NanoHold.com website.
Eoseek LLC reserves the right, at its sole discretion, to modify, amend, delete, or replace any part of these terms and conditions. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of NanoHold product(s) following the posting of any changes to these terms and conditions constitutes acceptance of those changes. Eoseel LLC may also, in the future, offer new NanoHold product(s). Such new NanoHold product(s) shall be subject to these same terms and conditions.
By using NanoHold product(s), you agree to become bound by the terms and conditions stated herein. If you do not agree to all the terms and conditions stated herein, then you may not use NanoHold product(s). If these terms and conditions are considered an offer by Eoseek LLC, acceptance is expressly limited to these terms. You agree that your use of NanoHold product(s) constitutes sufficient consideration.
NanoHolds are a tool. Like most tools, NanoHolds perform variably under different uses, durations, conditions, and circumstances. With proper use, cleaning, and assessment NanoHolds are a fun and useful tool.
NanoHolds can have very strong suction power. Choose your surface carefully so as not to cause damage from a NanoHold’s strong suction. NanoHolds are sensitive to and have less or no suction in very cold conditions. Do not use NanoHolds in temperatures at or below 32 degrees Fahrenheit/ 0 degrees Celsius. Do not use NanoHolds in temperatures above 122 degrees Fahrenheit/ 50 degrees Celsius. Do not use NanoHolds around fire or flame. NanoHolds do not work at all on wet or oily surfaces or environments. Solvents, debris, oils (including skin oils and debris from touching the NanoHold), and other substances may temporarily or permanently degrade a NanoHold’s suction capability. Using the plastic cover provided or similar cover provided by you will help keep NanoHold clean and extend your NanoHold’s useful life. NanoHolds may lose suction capability over time and with wear, soiling, abuse, and normal use. NanoHolds have an indefinite but limited useful life and may lose suction capability beginning with first use and with continued use.
NanoHolds work best when both the device, case, or item is perfectly flat AND the surface chosen is perfectly flat, clean, dry, and nonporous.
NanoHolds provide temporary suction. The duration of NanoHold suction is highly variable and cannot reliably be predicted.
NanoHold Test: When using a NanoHold on a non-horizontal surface, test the suction hold of your NanoHold before letting go of your device or other item. Use caution and when in doubt do not use your NanoHold.
Never place your smartphone, tablet, device or other item in a dangerous or risky area or position. Do not stick anything on or near the airbag compartments in a vehicle. Do not stick anything to a steering wheel or windshield in a vehicle.
Use NanoHold at your own risk.
You alone are 100% responsible for:
- assessing the suitability of your NanoHold for the task you choose;
- assessing the suitability of the surface you choose for NanoHold suction with your NanoHold including taking into account the condition of your NanoHold and the condition of the surface;
- assessing the suitability of your NanoHold and the surface you choose for the duration of the task you choose;
- determining if the shape and weight of your device or other item is suitable for use with your NanoHold;
- ensuring that your NanoHold is clean, dry, and has suction capability sufficient for the task you choose;
- determining when your NanoHold’s useful life (taking into account how you use your NanoHold) is waning and/or has ended;
- replacing your NanoHold in a timely manner;
- securely attaching NanoHold to your phone, case (including securely attaching your case to your device), tablet, or other item;
- choosing flat, dry, clean, nonporous surfaces and always performing the NanoHold Test; and
- choosing surface(s) that are not susceptible to damage from the strong suction of a NanoHold.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
NANOHOLD PRODUCT(S) PROVIDE TEMPORARY SUCTION AND MAY DEGRADE OVER TIME. ALL NANOHOLD PRODUCT(S) ARE PROVIDED “AS IS”.
IF YOU USE NANOHOLD PRODUCT(S), YOU ALONE ARE FULLY RESPONSIBLE FOR ALL OUTCOMES STEMMING FROM YOUR USE OF NANOHOLD PRODUCT(S) – INCLUDING BUT NOT LIMITED TO DROPPING YOUR SMARTPHONE, TABLET, OR OTHER DEVICE OR ITEM, AND DAMAGE TO SURFACES CAUSED BY NANOHOLD.
UNDER NO CIRCUMSTANCES SHALL EOSEEK LLC OR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, MANUFACTURING, PRODUCTION, DELIVERY, MARKETING, DISTRIBUTION, WHOLESALE SALE, RETAIL SALE, OR PROMOTIONAL GIVEAWAY OR SALE OF NANOHOLDS EVER HAVE AN OBLIGATION TO PROVIDE A REFUND FOR AMOUNTS PREVIOUSLY PAID FOR NANOHOLD PRODUCT(S). NEITHER EOSEEK LLC, NOR ITS VENDORS, WHOLESALERS, RESELLERS, DISTRIBUTORS, MARKETERS, OR RETAILERS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR THE AUTHORIZED OR UNAUTHORIZED USE BY OTHERS OF NANOHOLD PRODUCT(S).
DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NANOHOLD IS PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE USER OF NANOHOLD BEARS THE ENTIRE RISK OF USE OF NANOHOLD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A NANOHOLD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE USER AGREEMENT.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL EOSEEK LLC OR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, MANUFACTURING, PRODUCTION, DELIVERY, MARKETING, DISTRIBUTION, WHOLESALE SALE, PROMOTIONAL GIVEAWAY OR SALE, OR RETAIL SALE OF NANOHOLD BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE NANOHOLD, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF EOSEEK LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
AGREEMENT TO TERMS & CONDITIONS: BY USING NANOHOLD, THE USER AGREES TO THE NANOHOLD TERMS & CONDITIONS. DO NOT USE NANOHOLD UNLESS YOU AGREE TO THE NANOHOLD TERMS & CONDITIONS.
Indemnification: You agree to indemnify and hold harmless Eoseek LLC, its vendors, wholesalers, resellers, promotional customers, and retailers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of NanoHold product(s), including but not limited to your violation of these terms and conditions.
Licensure and Publication of Images: By emailing, texting, posting on the NanoHold Facebook page, tweeting to the NanoHold Twitter handle, posting to #NanoHoldSelfie, or otherwise sharing image(s) with NanoHold, you hereby permanently, irrevocably, and without further consideration authorize Eoseek LLC to publish said image(s) on any media of Eoseek LLC choosing, for the purpose of marketing NanoHold, including but not limited to its website, Facebook page, other digital media and websites, print, and television and you hereby grant Eoseek LLC without further consideration a perpetual, irrevocable, nonexclusive, worldwide license to use said images in a manner consistent with these terms and conditions.
Miscellaneous: These terms and conditions constitute the entire agreement between Eoseek LLC and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Eoseek LLC, or by the posting of a revised version on its website, www.NanoHold.com. These terms and conditions and any use of NanoHold product(s), will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and/or federal courts located in Travis County, Texas. Any dispute arising under these terms and conditions shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court of the State of Texas. The prevailing party in any action or proceeding to enforce these terms and conditions shall be entitled to costs and attorneys’ fees.
If any part of these terms and conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Eoseek LLC may assign its rights under these terms and conditions without condition. These terms and conditions will be binding upon and will inure to the benefit of the parties, their heirs, successors, and assigns.