Northland Aluminum Products, Inc., d/b/a Nordic Ware
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “Customer”) and Northland Aluminum Products, Inc., a Minnesota corporation doing business as Nordic Ware, with its principal place of business at 5005 County Road 25, Minneapolis, Minnesota 55416 (“Company,” “we,” “us,” or “our”), governing your access to and use of www.nordicware.com (the “Site”) and any products or services offered through it (collectively, the “Services”). By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, and capable of forming a binding contract to use the Site and purchase products. By using the Site, you represent that you meet these requirements. If you are using the Site on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
3. Products and Product Information
We make reasonable efforts to display product descriptions, images, pricing, and availability accurately. However, we do not warrant that product descriptions, colors, images, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in accordance with our Returns and Refunds policy below. We reserve the right, but do not assume any obligation, to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
4. Pricing and Payment
All prices are listed in U.S. Dollars and are subject to change without notice. We reserve the right to modify or discontinue any product at any time. Additional charges, including applicable sales tax, duties, and shipping fees, will be added at checkout as applicable.
- Payment is due in full at the time of order unless otherwise stated.
- You represent and warrant that any payment information you provide is accurate and that you are authorized to use the payment method submitted.
- We use a third-party payment processor to process transactions; we do not store full payment card numbers on our servers.
- In the event of a pricing error, we reserve the right to cancel any order placed for a product listed at an incorrect price, whether or not the order has been confirmed.
5. Order Acceptance and Cancellation
Your receipt of an order confirmation does not constitute our acceptance of an order, nor does it constitute confirmation of an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason, including limitations on quantities available for purchase, inaccuracies in product or pricing information, or problems identified by our credit and fraud avoidance department. We may require additional verification before accepting any order.
6. Shipping and Delivery
Shipping timeframes and costs will be provided at checkout and are estimates only. We are not responsible for delays caused by carriers, customs, weather, or other events outside of our reasonable control. Risk of loss and title for products pass to you upon our delivery to the carrier.
7. Returns, Refunds, and Cancellations
Except as required by applicable law, products may be returned within 30 days of delivery in unused, original condition with original packaging for a refund to the original payment method, less any applicable restocking or shipping fees. Certain categories of products, such as final-sale, personalized, or perishable items, are not eligible for return. Full details are available in our Returns Policy, which is incorporated into these Terms by reference.
8. Accounts
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.
9. Intellectual Property
All content on the Site, including text, graphics, logos, product photography, video, product descriptions, recipes, and software, is the property of Northland Aluminum Products, Inc. d/b/a Nordic Ware or its licensors and is protected by U.S. and international intellectual property laws (collectively, “Site Content”). “Nordic Ware” and related marks and logos are trademarks of Northland Aluminum Products, Inc. You may not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise exploit any Site Content without our prior written consent, except as necessary to place an order or use the Site for its intended personal, non-commercial purpose.
In particular, our product photography, video content, and written product descriptions are original works created or commissioned by us and may not be copied, downloaded, scraped, republished, or otherwise used — in whole or in part, and regardless of whether attributed to us — on any other website, marketplace listing, catalog, print material, social media account, or dataset (including datasets compiled to train or fine-tune artificial intelligence or machine learning models) without our prior written consent. This restriction applies regardless of the means used to obtain the content, including manual copying, screen capture, or automated collection.
10. Prohibited Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms;
- Attempt to gain unauthorized access to the Site, other accounts, or our computer systems;
- Interfere with or disrupt the operation of the Site or servers or networks connected to the Site;
- Use any bot, scraper, crawler, spider, or other automated means to access, monitor, copy, or extract data, images, video, pricing, or content from the Site, except that this restriction does not apply to indexing by generally recognized, third-party search engines (e.g., Google, Bing) conducted in accordance with the directives published in our robots.txt file solely for the purpose of returning search results to users;
- Copy, scrape, download, or otherwise extract our product photography, video, or written product descriptions for use on any other website, marketplace, catalog, or dataset, including for purposes of training or evaluating any artificial intelligence or machine learning model;
- Submit false or misleading information, including fraudulent payment information;
- Resell products purchased through the Site without our express written consent.
11. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your interactions with any third party linked through the Site are solely between you and that third party.
12. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTHLAND ALUMINUM PRODUCTS, INC. D/B/A NORDIC WARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE [SIX (6)] MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Northland Aluminum Products, Inc. d/b/a Nordic Ware and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
15. Governing Law and Dispute Resolution
This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Minnesota in the United States without reference to any conflict of law rules. You and Nordic Ware agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within Hennepin County, Minnesota in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Arbitration Clause and Class Action Waiver
– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration Notice
You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms of Service and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in Minnesota rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to Nordic Ware should be sent to Northland Aluminum Products, Inc., d/b/a Nordic Ware, 5005 County Road 25, Minneapolis, Minnesota 55416. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Nordic Ware are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Nordic Ware may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms and Conditions as a court would.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of Minnesota or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone/video conference or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone/video conference by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Minnesota, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver
YOU AND NORDIC WARE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Exempt Claims
You and Nordic Ware agree that the following two (2) types of claims are not required to be submitted to arbitration, subject to the following conditions:
- You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and
- You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
Opt Out
You may opt out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to Northland Aluminum Products, Inc., d/b/a Nordic Ware, 5005 County Road 25, Minneapolis, Minnesota 55416. Include your name, address, and date in the correspondence.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised effective date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
17. Termination
We may suspend or terminate your access to the Site or any account at any time, with or without cause and without notice, including for violation of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Northland Aluminum Products, Inc. d/b/a Nordic Ware concerning the Site and supersede all prior agreements and understandings, whether written or oral.
20. Contact Us
Questions about these Terms should be directed to:
Northland Aluminum Products, Inc., d/b/a Nordic Ware
5005 County Road 25, Minneapolis, Minnesota 55416
info@nordicware.com
1-877-466-7342