EFFECTIVE FEBRUARY 5, 2021
BY APPLYING FOR AN INITIAL AND/OR RENEWAL NIKON PROFESSIONAL SERVICES (NPS) MEMBERSHIP (collectively, an NPS Membership) FROM NIKON INC. (Nikon), YOU AGREE TO AND ACCEPT THESE NPS MEMBERSHIP TERMS AND CONDITIONS (collectively, these Terms). IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS, PLEASE DO NOT APPLY FOR AN NPS MEMBERSHIP OR A RENEWAL OF YOUR NPS MEMBERSHIP. NIKON RESERVES THE RIGHT AT ANY TIME TO UPDATE, AMEND AND/OR CHANGE THESE TERMS, INCLUDING WITHOUT LIMITATION, MEMBERSHIP ELIGIBILITY AND MEMBERSHIP LEVEL TERMS AND CONDITIONS, WITHOUT PRIOR NOTICE AND YOU AGREE TO BE BOUND BY ANY SUCH CHANGES ONCE THEY ARE POSTED TO WWW.NIKONUSA.COM/NPS.
To be eligible to be a member of Nikon Professional Services (a Member), an individual applicant must meet all of the following requirements both at the time of application and, if accepted, throughout the term of Member’s NPS Membership:
By applying for a new or renewal NPS Membership, the applicant or Member represents and warrants that all information he or she has provided or will provide to Nikon is true and correct. After receipt and review of a request to join NPS or renew an NPS Membership, Nikon will notify the applicant by email as to whether he or she has been accepted and, if accepted, the Member will be given options as to the NPS Membership level(s) at which the Member qualifies and the Member must then confirm its level of NPS Membership from the option(s) offered by Nikon within the Member’s Account dashboard. If a Member does not choose a level from the level options offered then the Member shall be deemed hereunder to be a PRO NPS Membership level Member. There are several different levels of NPS Membership, each having varying benefits and requirements, and the PRO+ and PLATINUM+ Membership levels require an annual fee to be paid by Member in advance (the “Membership Fee”). The NPS Membership levels include PRO, PRO+, PLATINUM+, and GLM (Government, Law Enforcement, Military, and other types of accounts designated and approved by Nikon in its sole discretion) Memberships. Existing Members who have retired may continue their NPS Membership at the PRO membership level.
For the most recent NPS Membership Levels Summary, which includes a description of the membership levels, eligibility requirements, benefits, and Membership Fees, CLICK HERE. Nikon reserves the right to update, substitute, cancel and/or otherwise change the NPS Membership Levels Summary at any time in its sole discretion without prior notice.
GLM Memberships are subject to additional eligibility requirements such as, for example, the verification of an appropriate government, law enforcement, military and/or approved media agency email address, as the case may be, and the designation of such accounts are subject to Nikon’s review, validation and confirmation in its sole discretion. If a GLM Membership is approved by Nikon, the Member will receive the benefits designated for the PRO+ membership level, however Nikon may adjust certain requirements for these accounts, such as maintaining a shipping account, having certain minimum Equipment, and/or the amount of the Membership Fees.
NIKON MAY APPROVE OR REJECT ANY APPLICATION FOR A NEW OR RENEWAL NPS MEMBERSHIP AT ANY TIME, FOR ANY REASON AND/OR FOR NO REASON, IN NIKON’S SOLE DISCRETION.
MEMBERSHIP FEES WILL BE BILLED AND PAYABLE IN FULL UPON THE MEMBER’S ACCEPTANCE OF A PRO+ OR PLATINUM+ MEMBERSHIP. ALL MEMBERSHIP FEES ARE BILLED ON A CALENDAR YEAR BASIS, ARE NOT PRO-RATED, AND WILL BE BILLED IN FULL FOR THE CALENDAR YEAR REGARDLESS OF THE DATE THAT A MEMBER PURCHASES THE PRO+ OR PLATINUM+ MEMBERSHIP. MEMBERSHIP FEES ARE DEEMED EARNED BY NIKON UPON ITS RECEIPT THEREOF, ARE NON-REFUNDABLE, AND NO PRO-RATED REFUNDS WILL BE PROVIDED BY NIKON EVEN IF AN NPS MEMBERSHIP IS DOWNGRADED AND/OR TERMINATED BY EITHER PARTY DURING THE CALENDAR YEAR FOR WHICH THE MEMBERSHIP FEE WAS PAID, OR IF NIKON REJECTS AN EQUIPMENT LOAN REQUEST FOR CREDIT REASONS, AND/OR FOR ANY OTHER REASON WHATSOEVER.
A PRO or PRO+ Member who is in full compliance with these Terms may upgrade their membership level to a PRO+ or PLATINUM+ membership level during a calendar year provided that such Member meets the eligibility requirements for such upgraded membership level. GLM Members are not eligible to upgrade their membership level. Upon upgrading to a PRO+ or PLATINUM+ membership level, the Member will owe Nikon the Membership Fees for such PRO+ or PLATINUM+ membership level, provided that when upgrading from PRO+ to PLATINUM+, a Member who has already paid the Membership Fees for the PRO+ membership level will only be charged the difference between the current Membership Fee for the PLATINUM+ membership level and the Membership Fee already paid by the Member. A Member that upgrades their membership level will not receive a full set of benefits under the new level but rather will receive only the incremental benefits provided for such higher membership level. The upgraded membership level benefits will begin on the date that the Member has paid the applicable Membership Fees difference, and the benefits for such higher membership level are not retroactive.
Upon the commencement of a new or renewal NPS Membership, Nikon may provide Member with a Nikon premium item as a “welcome gift”, the type and value of which shall be in Nikon’s sole discretion. Any items provided by Nikon are subject to availability, and will vary depending on the level of membership.
Members at the PRO+, PLATINUM+ and GLM membership levels who are in full compliance with these Terms may request an Equipment loan via their Account and after Nikon’s receipt and review of such request, Nikon may, in its sole discretion, loan a Member certain Equipment, subject to the requirements and limitations in these Terms including but not limited to Member providing a valid credit card as further described below. The different types of Equipment loans include Repair Loans (as defined below), special event loans, special assignment loans, and/or product evaluation loans (collectively, “Equipment Loans”). To request an Equipment Loan, a Member must fully complete and submit to Nikon a Request for Consignment of Equipment Form (the “Loan Request Form”) which is available in their Account dashboard at www.nikonusa.com/nps. Equipment Loans are short term loans only, made by Nikon only for the purposes described in the Member’s written request for such loan, and are not intended to sustain a Member’s business or keep a Member’s Equipment up to date. Any terms and/or conditions in the Loan Request Form are in addition to these Terms and do not supersede these Terms.
Equipment Loans are not available to Members who are not in full compliance with these Terms (for example, Members that are not in compliance with and/or have violated the Equipment Loan return requirements during the term of the Member’s NPS Membership). Notwithstanding anything to the contrary in these Terms, Members at certain NPS Membership levels may not qualify for Equipment Loans or may be limited in the number of Equipment Loans provided. For the most recent NPS Membership Levels Summary, CLICK HERE.
Equipment Loans are subject to availability, are not guaranteed, and should not be relied upon. Member will be asked to choose the date that Member requests such Equipment be delivered by, from the list of available dates shown on the Loan Request Form, the earliest of which will typically be at least ten (10) days from the date of Member’s request. Nikon will ship Equipment Loans only on business days, provided that Nikon makes no representations, warranties or guarantees regarding how soon Nikon will ship Equipment after a Member’s request for an Equipment Loan, even if the Equipment Loan has been approved by Nikon. Member agrees that Nikon will ship Equipment Loans using Member’s shipping account, at Member’s cost and expense, choosing the “Adult Signature Required” option, and Equipment will not be delivered without an adult signature confirming receipt at the delivery address. Nikon endeavors to ship Equipment Loans using 2nd day shipping, however Member understands and agrees that in order to achieve delivery on or before Member’s preferred “need by” date if possible, Nikon may elect to ship Equipment Loans using 1-day shipping. Equipment Loans will not be shipped on holidays, during Nikon building closures, and/or during certain blackout periods designated by Nikon. Equipment Loans will not be shipped outside of the contiguous United States. Provided that Member is in compliance with these Terms and all Equipment Loan requirements, Equipment Loans are complimentary. EXCEPT FOR RETURN SHIPPING FROM NIKON TO MEMBER FOR REPAIRS OF NIKON PRODUCTS UNDER WARRANTY, THE MEMBER IS RESPONSIBLE FOR ALL OTHER EQUIPMENT LOAN SHIPPING COSTS BOTH FROM THE MEMBER TO NIKON AND FROM NIKON TO THE MEMBER, INCLUDING BUT NOT LIMITED TO FOR REPAIR LOANS.
Repair Loans. Member may request and Nikon may provide a repair loan only for a Member’s Qualifying Equipment that is registered on the Member’s NPS Registry. A PRO+ Member may be eligible for a Repair Loan if the repair to the PRO+ Member’s Equipment is unreasonably delayed by Nikon due to a parts hold (e.g., backordered part) or other unforeseen circumstance, and the PRO+ Member meets all of the other requirements set forth in these Terms. A PLATINUM+ Member may be eligible for a Repair Loan if the PLATINUM+ Member meets all of the requirements set forth in these Terms.
To request a Repair Loan, Member must first make a request online at http://www.nikonusa.com/en/service-and-support/service-and-repair.page (the “Repair Web Page”) for Nikon to repair an item of Member’s Equipment at Nikon’s authorized service centers in New York or California that are listed on the Repair Web Page (the “Nikon Service Centers”). Member must have already sent in, and Nikon must have received, the applicable Equipment for repair. Upon Nikon’s receipt of the Member’s Equipment to be repaired and Member’s approval of Nikon’s repair/service estimate, Nikon may loan Member a model (which may be a used model) of the same or comparable Equipment. A Member must approve Nikon’s repair/service estimate (or reject it and demand return of the Member’s Equipment) within two (2) business days of Member’s receipt of the estimate. If Member requests a Repair Loan and Nikon, in its sole discretion, makes such loan prior to Member approving Nikon’s estimate, and Member then rejects Nikon’s estimate or does not approve or reject the estimate within two (2) business days, then the Repair Loan will, at Nikon’s election, be deemed to be one (1) of the Member’s allowable Equipment Loans for that calendar year.
Unless otherwise expressly agreed to in writing by Nikon in its sole discretion, all Equipment loaned under an Equipment Loan must be returned to and received by Nikon within fourteen (14) days from the date the Equipment is shipped to Member. The return date will be stated on the “Delivery Pick/Pack List” that accompanies the subject Equipment Loan (the “Shipping Statement”). Member must, immediately upon receipt, compare the items and quantities of Equipment and any accessories (such as batteries, chargers, cases, etc.) listed in the Shipping Statement with the items and quantities of Equipment actually received. If Member does not contact Nikon within one (1) business day after receipt of the Equipment Loan, Member shall be deemed responsible to Nikon for all Equipment and accessories listed on the Shipping Statement. Any requests for Equipment Loan extensions must be submitted to Nikon via Member’s Account and Nikon may approve or deny such request in Nikon’s sole discretion. Equipment Loans are not available for purchase by Members.
Member agrees to be fully responsible for all Equipment Loans and assumes all risks to the loaned Equipment once received and until it is returned to and received by Nikon. Member shall return the loaned Equipment in the same good working order and condition as received, on the date specified by Nikon on the Shipping Statement or any other date requested by Nikon in writing. If at any time during the term of an Equipment Loan, any loaned Equipment is in need of repair or maintenance, Member must contact Nikon immediately and is not permitted to obtain maintenance or repair services from any third party other than Nikon.
Member shall be financially responsible for all or any portion of the loaned Equipment that is lost, stolen, or damaged by any cause whatsoever. Member agrees that Nikon retains all rights, title, ownership and interest in and to the loaned Equipment at all times. Member shall keep the loaned Equipment free and clear of all liens and encumbrances of any kind. Nikon will charge Member for any and all amounts, costs and expenses that may be owed by Member to Nikon under these Terms, and Member agrees to pay such amounts in accordance with the credit card requirements and provisions below in these Terms. Amounts charged for loaned Equipment (including but not limited to accessories such as batteries, chargers, lens caps, straps, etc.) that is damaged or not returned shall be based upon Nikon’s designated retail value as listed on www.nikonusa.com on the date of invoice for the applicable loaned Equipment, plus applicable sales taxes. Nikon recommends that Member obtain and maintain insurance for the loaned Equipment and advise Member’s insurance company, if any, that the loaned Equipment is borrowed, and not rented. Nikon also recommends that Member purchase third party shipping insurance.
Repairs are subject to any additional eligibility requirements of Nikon’s service department and Member’s Equipment (including Qualifying Equipment) may not be eligible for repair if, for example, the Member’s Equipment is outside of its eligible service period, is a grey market product, is beyond economic repair, and/or has been modified, except for modifications made by Nikon.
THE EQUIPMENT LOANED UNDER ANY EQUIPMENT LOAN IS PROVIDED BY NIKON “AS IS” AND NIKON MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE LOANED EQUIPMENT OR THE USE OR PERFORMANCE THEREOF, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO DATE OF DELIVERY, CONDITION, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL NIKON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, FOR ANY REASON WHATSOEVER, WITH RESPECT TO ANY LOANED EQUIPMENT, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each time an Equipment Loan requested by a Member is approved by Nikon and the list of Equipment to be loaned has been agreed to by Member and Nikon, the Member must provide Nikon with a valid credit card having a credit limit sufficient to cover any obligations and liabilities under these Terms. If Member is unable to provide a valid credit card, then the Member will not be eligible for the Equipment Loan. The name and billing address associated with the credit card provided by Member must match the Member’s account information on file with NPS, or such Equipment Loan will be rejected by Nikon. Member agrees that if Member requests a “ship to” address that is different than the Member’s address on file with Nikon, then the Member shall be deemed to have received it at the ship-to location once the shipment is delivered as evidenced by Nikon’s proof of delivery receipt.
By agreeing to receive an Equipment Loan and providing Nikon with the Member’s credit card information, Member hereby authorizes Nikon to charge their credit card on file with Nikon for payment of all amounts, costs and expenses that may be owed by Member related to the Equipment Loan under these Terms. Amounts charged for loaned Equipment that is damaged, lost, or otherwise not returned (including but not limited to accessories such as batteries, chargers, straps, lens caps, etc.) shall be based upon Nikon’s designated retail value of the applicable loaned Equipment, plus applicable sales taxes. Member understands and agrees that upon Nikon’s approval of an Equipment Loan, Nikon will pre-authorize a charge to Member’s credit card for $1.01 or other nominal amount. In the event Nikon has charged the Member’s credit card under these Terms, then a Member’s subsequent return of loaned Equipment for credit is subject to authorization by Nikon, which may be withheld or denied at its sole discretion.
Member acknowledges that the Equipment Loan is a consignment for the benefit of the Member. There is no charge for the Equipment Loan in and of itself and the only charges with respect to the Equipment Loan are in connection with Equipment that is damaged, lost, stolen and/or otherwise not returned as described in these Terms.
Member further understands and agrees that Member is fully responsible for any and/or all amounts owed to Nikon in the event that Member’s credit card is declined, cancelled, expired, or otherwise does not have a sufficient credit limit to cover the full amount owed to Nikon. In such event, Nikon shall invoice the Member for the amounts owed and the Member shall pay such invoice in full within ten (10) days.
A Member’s failure to timely return an Equipment Loan may, in Nikon’s sole and absolute discretion, result in the termination of Member’s NPS Membership and/or a suspension of some and/or all of the Member’s benefits under these Terms, without a refund of any Membership Fees paid, if applicable.
PRO+, PLATINUM+ and GLM Members are entitled to a certain number of complimentary “clean and check” services for Member’s Qualifying Equipment that has previously been registered in your NPS Registry and that is confirmed as being eligible after review by Nikon at the time of Member’s request (the “Clean and Check Services”). The Clean and Check Services are subject to availability at the time of Member’s request, and subject to any additional eligibility requirements of Nikon’s service department. Member’s Equipment (including Qualifying Equipment) may not be eligible for Clean and Check Services if, for example, the Member’s Equipment is outside of its eligible service period, is a grey market product, and/or has been modified, except for modifications made by Nikon. To request Clean and Check Services, a Member must first, prior to sending the Member’s Equipment to Nikon, complete and submit to Nikon a Clean and Check Services request form available at www.nikonusa.com/nps, and Nikon will review the completed form to determine whether the requested Equipment is eligible for the Clean and Check Services. Member should not send Member’s Equipment to Nikon for Clean and Check Services unless and until Nikon has validated that Member’s Equipment is eligible for Clean and Check Services. The cost of shipping Member’s Equipment to Nikon’s service department is the responsibility of the Member.
Each calendar year that a Member has purchased and fully paid for a PLATINUM+ level NPS Membership, such Member will be entitled to a one-time use credit or refund equal to ten percent (10%) off the Member’s purchase of new, unused (e.g., not refurbished) Nikon Imaging Products (as defined below) from the Nikon Store at www.nikonusa.com or a participating Nikon Authorized Dealer, up to a maximum amount of Three Hundred ($300) U.S. Dollars (the “Credit”). The Credit may be applied to the cumulative purchase price of more than one eligible Nikon Imaging Product provided that all of such eligible Nikon Imaging Products are purchased together at the same time and appear on the same receipt. The Credit will be calculated based on the purchase price paid by the Member for the eligible Nikon Imaging Products before taxes. Member shall receive the Credit in the form of an online redemption code (if purchasing from the Nikon Store) or as a post-purchase refund (if purchasing from a Nikon Authorized Dealer).
To redeem this Credit, sign in to your Member dashboard at www.nikonusa.com/nps for instructions, to see a list of participating Nikon Authorized Dealers, and to access the PLATINUM+ Purchase Discount request form . The Credit may be used only during the calendar year of the applicable PLATINUM+ level NPS Membership period and will expire on December 31st of such calendar year. Products purchased by the Member prior to or after Member’s PLATINUM+ level NPS Membership period are ineligible for the Credit. If Member returns any and/or all of the applicable Nikon Imaging Products after receiving the Credit for such Nikon Imaging Products, then the Credit will no longer be available to Member during such calendar year unless otherwise agreed to by Nikon in its sole discretion. For purposes of the PLATINUM+ Membership One-Time Discount, “Nikon Imaging Products” are Nikon DSLR cameras, Nikon Z series cameras, NIKKOR lenses, NIKKOR Z lenses, and/or Nikon imaging accessories.
PRO+, PLATINUM+ and GLM Members who are in full compliance with these Terms and meet the other requirements set forth in this section are eligible for a repair discount on Member’s Equipment that Member has previously registered with Nikon. The availability and amount of the repair discount varies based on NPS Membership level, as set forth on the NPS Membership Levels Summary (CLICK HERE). The repair discount is valid only for repairs that were received by Nikon at the Nikon Service Centers directly from the Member. The repair discount is not available for repairs serviced at any third party locations. Repairs are subject to any additional eligibility requirements of Nikon’s service department and Member’s Equipment (including Qualifying Equipment) may not be eligible for repair if, for example, the Member’s Equipment is outside of its eligible service period, is a grey market product, is beyond economic repair, and/or has been modified, except for modifications made by Nikon. Nikon encourages Members to submit requests for repairs by completing and submitting the Self Service Product Repair form found on Nikon’s Service and Support website at https://repair.nikonusa.com/en/productentry (the “Repair Form Link”), which form will display the applicable repair location. To be eligible for the repair discount, a Member must identify his or her NPS Membership number in the Contact Data section of the Repair Form Link, or, for Member’s Equipment shipped directly to Nikon without using the Repair Form Link, the NPS Membership number must be included in a writing accompanying the shipment. Shipping Member’s Equipment directly to a Nikon Service Center does not mean that the repair will be completed at that location unless confirmed when using the Repair Form Link. The repair discount will be available on a prospective basis only and will not be valid on repairs previously made. The repair discount is taken off the base repair cost before applicable taxes and does not include shipping charges. If a repair is eligible for the repair discount, it will appear on Member’s final invoice for such repair. ALL PAYMENTS MUST BE MADE BY CREDIT CARD ONLY. PAYMENT IN FULL BY CREDIT CARD IS REQUIRED PRIOR TO NIKON’S SHIPMENT OF THE REPAIRED MEMBER’S EQUIPMENT.
Nikon may, from time to time, notify Members that it will be participating in certain trade shows, workshops, sporting events, media events and other special events and activities (collectively, “Special Events”) where eligible Members may avail themselves of Nikon’s temporary Equipment loan (i.e., for use only during the Special Event) and/or clean and check services. Members must obtain their own credentials from the organizer of such Special Events in order to attend the Special Event and access Nikon’s services. Such Member services are offered on a first come, first served basis, are subject to availability and are not guaranteed. Nikon’s participation in any Special Event may be cancelled without prior notification. Any Equipment loaned at a Special Event must be returned by the Member by the conclusion of the Special Event, at the same Special Event location where the Equipment was originally loaned to the Member and are subject to all the terms and conditions set forth in these Terms with respect to Equipment Loans.
Nikon may, from time to time, notify eligible Members of certain offers or discounts on products or services which are available to Members from Nikon or from third parties. Such offers or discounts may only be available to Members who are in full compliance with these Terms, including but not limited to those that meet the Qualifying Equipment list requirements set forth above. Nikon is not responsible for any third party promotional or marketing communications or offers to Members, nor is Nikon responsible for any third party websites or website terms or policies. Nikon makes no representations or warranties with respect to any third party products, services or websites.
All Member privileges set forth in these Terms are available only to Members who, in Nikon’s sole determination, are in good standing and who are in full compliance with these Terms. Nikon shall have the right to suspend or revoke, temporarily or permanently, partially or fully, a Member’s NPS Membership privileges at any time if Nikon determines, in its sole discretion, that such Member is not in compliance with any and/or all of these Terms, including without limitation, returning Equipment Loans in a timely manner and with such Equipment in at least as good condition as received. NPS Membership privileges are subject to availability and review and may be changed or be discontinued at any time without prior notice in Nikon’s sole discretion.
For Equipment sold by Nikon to a Nikon Authorized Dealer and designated for Member’s purchase pursuant to Member’s request (which request is subject to no more than one (1) unit for any specific model of Equipment), Member understands and agrees that upon its purchase, the Dealer owns such Equipment and Nikon has no control over the Dealer’s resale of such Equipment, whether to Member or otherwise. Nikon can only recommend to the Dealer that such Equipment be reserved for the Member. Requesting that Nikon ship Equipment indicates Member’s representation to Nikon that the Equipment is for Member’s own use and is not being purchased with the intention of immediate resale. It is a violation of these Terms for Member to request this priority delivery of Equipment for purchase by any third party, whether from the Nikon Authorized Dealer or the Member, as the case may be.
Members shall not use or incorporate the names, trademarks, logos or other identifying indicia of Nikon and/or NPS in, on and/or or as part of the name, trade name, corporate name, domain name, website and/or title under which Member conducts business.
Member is not and shall not represent himself or herself nor be considered in any manner as an agent, representative, partner, joint venture, or employee of Nikon. Member is not authorized in any way to obligate or bind Nikon. Members understand and acknowledge that an NPS Membership does not constitute Nikon’s sponsorship or endorsement of a Member, a Member’s business, projects and/or other activities.
Member’s status as an NPS Member is personal to Member and is not assignable or transferable in whole or part, and any attempted assignment or transfer is null and void and of no force and effect.
Unless and until Member’s NPS Membership is terminated as provided herein, Member shall periodically be required to renew and/or confirm its NPS Membership at the end of such Member’s NPS Membership period or earlier in the event Nikon updates these Terms, in accordance with the email notification provided by Nikon. Members who fail to renew their NPS Membership or who are otherwise not in compliance with these Terms will not be eligible to receive any NPS Membership privileges. Nikon shall have the right to terminate a Member’s NPS Membership at any time, for any reason, with or without cause, upon written notice to the Member. NIKON SHALL NOT BY REASON OF THE TERMINATION OF MEMBER’S NPS MEMBERSHIP OR FOR ANY REASON WHATSOEVER BE LIABLE TO MEMBER FOR COMPENSATION, REIMBURSEMENT OR DAMAGES OF ANY KIND EITHER ON ACCOUNT OF PRESENT OR PROSPECTIVE PROFITS OR SALES OR ANTICIPATED SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS OR COMMITMENTS MADE IN CONNECTION WITH THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF THE BUSINESS OR GOODWILL OF MEMBER.
EXCEPT FOR NIKON’S LIMITED WRITTEN WARRANTY INCLUDED WITH EQUIPMENT SOLD BY NIKON, NIKON MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND/OR WITH RESPECT TO ANY NIKON EQUIPMENT SOLD, NPS MEMBERSHIPS, OR OTHERWISE. IN NO EVENT SHALL NIKON BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOST PROFITS, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, FOR ANY REASON WHATSOEVER UNDER THESE TERMS OR OTHERWISE, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The laws of the State of New York, U.S.A., exclusive of its choice of law provisions shall govern NPS Memberships, these Terms, any claim, controversy or dispute arising under or related to these Terms and/or the relationship of the parties. Member agrees that jurisdiction and venue for all actions or suits related to or arising out of these terms and conditions and any claim, controversy or dispute arising under or related to these Terms, and/or the relationship of the parties shall be proper only in federal and state courts located in Suffolk County, New York, U.S.A. Member hereby consents to the exercise of personal jurisdiction by such courts. Nikon shall be entitled to receive from Member its legal costs including without limitation reasonable attorneys' fees in any actions or suits related to or arising out of these Terms and any claim, controversy or dispute arising under or related to these Terms and/or the relationship of the parties.
Nikon shall not be liable under and/or in default of these Terms to the extent its performance of any of its obligations under these Terms is prevented or delayed as a result of fire, hurricane, earthquake, flood, strike, lockout, act of terrorism, labor disturbance, war, boycott, other casualty, infectious disease, pandemic, epidemic, public health emergency, travel or other restriction imposed by a governmental authority, Acts of God, or any other circumstances beyond the reasonable control of Nikon that makes its performance under these terms inadvisable, impossible and/or impractical.
If one or more of the provisions of these Terms are deemed to be unenforceable, then the remaining provisions shall remain in full force and effect. Nikon’s failure to enforce any term or condition of these Terms shall not be construed as a waiver of that term or condition or of Nikon’s rights to enforce such term or condition in the future.