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.



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