TERMS OF USE
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Acceptance
of Terms:
The following Terms and Conditions (referred to as "Terms"
or “Agreement”) must be read by visitors (referred
to in these Terms as “Visitors”, or "You"
- depending on the context) of Nexcepts.COM (referred to in
these Terms as “Website”, "Nexcepts",
"Us" or "We" - depending on the context).
You are required to accept these Terms before using this Website
and by accepting, you agree to be bound by and to comply with
these Terms as stated below.
As
part of our service, Nexcepts agrees to provide you with information
and other services subject to these Terms. You agree to use
the Website in accordance with these Terms. We may need to change
these Terms or impose new conditions on use of the Website,
from time to time, in which case we will post the revised “Terms
& Conditions” on this Website. By continuing to use
the Website after we post any such changes, you accept the Terms,
as modified. Nexcepts reserves the right to change these Terms
without any notice.
Nexcepts
site and information available through the Website may contain
links to other websites, which are completely independent of
Nexcepts. Nexcepts makes no representation or warranty as to
the accuracy, completeness or authenticity of the information
contained in any such site.
The
Website should not be used in any high risk activities where
damage or injury to persons, property, environment, finances
or business may result if an error occurs. You expressly assume
all risk for such use.
Information
on this web site may contain technical inaccuracies or typographical
errors. Nexcepts may make updates, improvements and/or changes
in information described at any time without notice. The Website
and its owners assume no responsibility for the accuracy of
links and contents of this site.
You
understand and agree that sending unsolicited email advertisements
or attachments to Nexcepts email addresses or through Nexcepts
computer systems is expressly prohibited by these Terms.
You
may create a hyperlink to the home page of Nexcepts sites so
long as the link does not portray Nexcepts, its employees, or
its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
Nexcepts
grants you a limited, revocable, nonexclusive license to access
the Website for your own personal use, and not to download (other
than page caching) or modify it, or any portion of it, or any
material and information made available via the Website, without
the express written consent of Nexcepts;
Additionally,
you agree not to attempt to gain unauthorized access to Nexcepts'
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs
the functionality of Nexcepts website; and use automated means,
including spiders, robots, crawlers, data mining tools, or the
like to download data from the Website. A limited exception
is provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for
the sole purpose of displaying hyperlinks to the Website.
Liability
Terms:
We will try very hard to make your experience with Nexcepts
a pleasurable one; however, operation of this Website and our
services may be interfered with by numerous factors, including
by factors outside of our control. These factors may result
in loss of data or other service interruptions. We cannot assume
responsibility for the timeliness, deletion, misdelivery, or
failure to store any data. IN NO EVENT SHALL WE BE LIABLE FOR
LOST PROFITS OR ANY INCIDENTAL, CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH DISRUPTION OF SERVICE. We reserve
the right to change or discontinue, temporarily or permanently,
some or all of our services at any time without notice.
You
release Nexcepts, its employees and its affiliates from any
damages that you incur, and agree not to assert any claims against
them, arising from your use of any products or services made
available through Nexcepts.
You
acknowledge that Nexcepts reserves the right at any time to
modify or discontinue the Website (or any part thereof) with
or without notice, and that Nexcepts shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
You agree to indemnify us and hold Nexcepts, its officers, employees,
affiliates, directors, and agents harmless from all liability
(including, but not limited to, liability as a result of or
in connection with infringement of a third party's intellectual
property right or moral right, and negligence) and any claim
or demand (including any claim or demand made by any third party
or any claim or demand based on negligence) as a result of or
otherwise in connection with these Terms, the Website or use
of the Website or our services.
If
there is a dispute between members on this site, or between
visitors and any third party, you understand and agree that
Nexcepts is under no obligation to become involved. In the event,
you hereby release Nexcepts, its officers, employees, affiliates,
directors, and agents in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or
our service.
If
it becomes necessary for Nexcepts to pursue legal action to
enforce these Terms, you will be liable to pay Nexcepts the
amount of actual damage. Notwithstanding any other provision
of these Terms, Nexcepts retains the right to seek the remedy
of specific performance of any term contained in these Terms,
or a preliminary or permanent injunction against the breach
of any such term or in aid of the exercise of any power granted
in these Terms, or any combination thereof.
Under
no circumstances, including, but not limited to, negligence,
shall Nexcepts, its subsidiary and parent companies or affiliates
be liable for any direct, indirect, incidental, special, consequential
or exemplary damages that result from the use of, or the inability
to use, Nexcepts’ services, or third party services made
available through the Website, or any part of the Website, even
if Nexcepts is advised beforehand of the possibility of such
damages. If your state does not allow the exclusion or limitation
of certain categories of damages, the above limitation may not
apply to you. In such states, the liability of Nexcepts, its
subsidiary and parent companies or affiliates is limited to
the fullest extent permitted by such state law. You specifically
acknowledge and agree that Nexcepts is not liable for any defamatory,
offensive or illegal conduct of any user.
This
disclaimer of liability applies to any damages or injury caused
by any error, omission, deletion, defect, interruption, failure
of performance, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach
of contract, negligence, tortuous behavior, or under any other
cause of action.
Disclaimer:
WE PROVIDE THE Nexcepts WEBSITE AND OUR SERVICES "AS IS"
AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. We also do not warrant that
the Website or any of its functions will be error-free, that
defects will be corrected, or that any part of this Website,
including forums, or the servers that make it available, are
free of viruses or other harmful components.
This
agreement constitutes the entire agreement between Nexcepts
and you with respect to the subject matter contained in this
Agreement and supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral. You also may
be subject to additional terms and conditions that may apply
when you use the services that are provided through the Website.
In the event of any conflict between any other terms and conditions
and these Terms, these Terms shall govern.
Nexcepts
may block your email or IP address or cancel or terminate your
right to use the Website or any part of the Website at any time
without notice. In the event of termination, you are no longer
authorized to access the part of the Website affected by such
cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Website, and the
disclaimers and limitations of liabilities set forth in these
Terms, shall survive.
Use
of the Service beyond the scope of authorized access granted
to you by Nexcepts immediately terminates said permission or
license. In order to collect, aggregate, copy, duplicate, display
or make derivative use of the Website or any material made available
via the Website for other purposes (including commercial purposes)
not stated herein, you must first obtain a license from Nexcepts.
If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe, or describe the scope
or extent of such section. Our failure to act with respect to
a breach by You or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof.
All
text, graphics, information and materials, as well as the selection
and arrangement thereof, on the Site is protected under copyright
© 2006 Nexcepts, Inc. This Site is owned by and/or licensed
to Nexcepts and is protected under copyright laws. Direct and
indirect damages, including without limitation statutory damages
for copyright infringement, will be awarded in favor of Nexcepts
for any violation of the restrictions in this Agreement. ALL
RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY.
No portion of this Web site or the Web site as a whole may be
copied, retransmitted, reposted, duplicated or otherwise used
without the express written permission of Nexcepts.
On
the other hand, if you believe that your work has been copied
in a way that constitutes copyright, patent, trademark, trade
secret infringement, or your intellectual property rights have
been otherwise violated, please notify Nexcepts at contactus
@ nexcepts.com. Please identify the copyrighted work
or other intellectual property that you claim has been infringed
and send us the link of this material on the Nexcepts site.
Our legal experts will work with you to remove the infringing
material.
If
you are dissatisfied with any Nexcepts services, or with any
of Nexcepts' Terms, your sole and exclusive remedy is to discontinue
using the Service. If You have a question about these Terms
or our service that is not addressed in this document, please
contact us via our website.