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Welcome to our
Web site. By
accessing or using
any part of our
Website, you are
agreeing to comply
with and be bound by
the following terms
of use. Please
review the following
terms carefully. If
you do not agree to
these terms, you
should not use this
site. The term
?NBIS? or ?us? or
?we? or ?our? refers
to NBIS, the owner
of the Web site. The
term ?you? refers to
the user or viewer
of our Web Site.
1.
Acceptance of
Agreement.
You agree to the
terms and conditions
outlined in this
Terms of Use
Agreement
("Agreement") with
respect to our
Website (the
"Site"). You hereby
represent and
warrant to us that
you have the power
and authority to
enter into and
perform your
obligations under
this Agreement.
This Agreement
constitutes the
entire and only
agreement between us
and you, and
supersedes all prior
or contemporaneous
agreements,
representations,
warranties and
understandings, with
respect to the Site
and the subject
matter of this
Agreement. This
Agreement may be
amended at any time
by us without
specific notice to
you. The latest
Agreement will be
posted on the Site,
and you should
review this
Agreement prior to
accessing or using
the Site. Your
access to or use of
the Site after the
date that this
Agreement is amended
shall be deemed to
constitute
acceptance of such
amended terms.
2. Copyright.
The content,
organization,
graphics, design,
compilation,
magnetic
translation, digital
conversion and other
matters related to
the Site are
protected under
applicable
copyrights,
trademarks and other
proprietary
(including but not
limited to
intellectual
property) rights.
The copying,
redistribution, use
or publication by
you of any such
matters or any part
of the Site, except
as allowed by
Section 4 below, is
strictly prohibited.
You do not acquire
ownership rights to
any content,
document or other
materials viewed
through the Site.
The posting of
information or
materials on the
Site does not
constitute a waiver
of any right in such
information and
materials. Some of
the content on the
site is the
copyrighted work of
third parties.
3. Service
Marks.
"NBIS" and others
are our service
marks or registered
service marks or
trademarks. Other
product and company
names mentioned on
the Site may be
trademarks of their
respective owners.
4. Limited
License; Permitted
Uses.
You are granted a
non-exclusive,
non-transferable,
revocable license
(a) to access and
use the Site
strictly in
accordance with this
Agreement; (b) to
use the Site solely
for internal,
personal,
non-commercial
purposes; and (c) to
print out discrete
information from the
Site solely for
internal, personal,
non-commercial
purposes and
provided that you
maintain all
copyright and other
policies contained
therein. No print
out or electronic
version of any part
of the Site or its
contents may be used
by you in any
litigation or
arbitration matter
whatsoever under any
circumstances.
5.
Restrictions and
Prohibitions on Use.
Your license for
access and use of
the Site and any
information,
materials or
documents
(collectively
defined as ?Content
and Materials?)
therein are subject
to the following
restrictions and
prohibitions on use:
You may not (a)
copy, print (except
for the express
limited purpose
permitted by Section
4 above), republish,
display, distribute,
transmit, sell,
rent, lease, loan or
otherwise make
available in any
form or by any means
all or any portion
of the Site or any
Content and
Materials retrieved
therefrom; (b) use
the Site or any
materials obtained
from the Site to
develop, of as a
component of, any
information, storage
and retrieval
system, database,
information base, or
similar resource (in
any media now
existing or
hereafter
developed), that is
offered for
commercial
distribution of any
kind, including
through sale,
license, lease,
rental,
subscription, or any
other commercial
distribution
mechanism; (c)
create compilations
or derivative works
of any Content and
Materials from the
Site; (d) use any
Content and
Materials from the
Site in any manner
that may infringe
any copyright,
intellectual
property right,
proprietary right,
or property right of
us or any third
parties; (e) remove,
change or obscure
any copyright notice
or other proprietary
notice or terms of
use contained in the
Site; (f) make any
portion of the Site
available through
any timesharing
system, service
bureau, the Internet
or any other
technology now
existing or
developed in the
future; (g) remove,
decompile,
disassemble or
reverse engineer any
Site software or use
any network
monitoring or
discovery software
to determine the
Site architecture;
(h) use any
automatic or manual
process to harvest
information from the
Site; (i) use the
Site for the purpose
of gathering
information for or
transmitting (1)
unsolicited
commercial email;
(2) email that makes
use of headers,
invalid or
nonexistent domain
names, or other
means of deceptive
addressing; (3)
unsolicited
telephone calls or
facsimile
transmissions; or
(4) material that,
to a reasonable
person may be
abusive, obscene,
pornographic,
defamatory,
harassing, grossly
offensive, vulgar,
threatening or
malicious; (j) use
the Site in a manner
that violates any
state or federal law
regulating email,
facsimile
transmissions or
telephone
solicitations; (k)
export or re-export
the Site or any
portion thereof, or
any software
available on or
through the Site, in
violation of the
export control laws
or regulations of
the United States;
(l) create a false
identity or to
otherwise attempt to
mislead any person
as to the identity
or origin of any
communication; or
(m) engage in any
other activity
deemed by us to be
in conflict with the
spirit or intent of
this Agreement.
6. Forms,
Agreements &
Documents
We may make
available through
the Site or through
other Web sites
sample and actual
forms, checklists,
business documents
and legal documents
(collectively,
?Documents?). All
Documents are
provided on a
non-exclusive
license basis only
for your personal
one-time use for
non-commercial
purposes, without
any right to
re-license,
sublicense,
distribute, assign
or transfer such
license. Documents
are provided
without any
representations or
warranties, express
or implied, as to
their suitability,
legal effect,
completeness,
currentness,
accuracy, and/or
appropriateness. THE
DOCUMENTS ARE
PROVIDED ?AS IS?,
?AS AVAILABLE?, AND
WITH ?ALL FAULTS?,
AND WE AND ANY
PROVIDER OF THE
DOCUMENTS DISCLAIM
ANY WARRANTIES,
INCLUDING BUT NOT
LIMITED TO THE
WARRANTIES OF
MERCHANTABILITY AND
FITNESS FOR A
PARTICULAR PURPOSE.
The Documents may be
inappropriate for
your particular
circumstances.
Furthermore, state
laws may require
different or
additional
provisions to ensure
the desired result.
You should consult
with legal counsel
to determine the
appropriate legal or
business documents
necessary for your
particular
transactions, as the
Documents are only
samples and may not
be applicable to a
particular
situation. Some
Documents are public
domain forms or
available from
public records.
7. No
Legal Advice or
Attorney-Client
Relationship.
Information
contained on or made
available through
the Site is not
intended to and does
not constitute legal
advice,
recommendations,
mediation or
counseling under any
circumstance and no
attorney-client
relationship is
formed. We do not
warrant or guarantee
the accurateness,
completeness,
adequacy or currency
of the information
contained in or
linked to the Site.
Your use of
information on the
Site or materials
linked to the Site
is entirely at your
own risk. We are not
a law firm and the
Site is not a lawyer
referral service.
8.
Linking to the Site.
You may provide
links to the Site,
provided (a) that
you do not remove or
obscure, by framing
or otherwise,
advertisements, the
copyright notice, or
other notices on the
Site, (b) your site
does not engage in
illegal or
pornographic
activities, and (c)
you discontinue
providing links to
the Site immediately
upon request by us.
9.
Advertisers .
The Site may contain
advertising and
sponsorships.
Advertisers and
sponsors are
responsible for
ensuring that
material submitted
for inclusion on the
Site is accurate and
complies with
applicable laws. We
are not responsible
for the illegality
or any error,
inaccuracy or
problem in the
advertiser?s or
sponsor?s materials.
10.
Registration.
Certain sections of,
or offerings from,
the Site may require
you to register. If
registration is
requested, you agree
to provide us with
accurate, complete
registration
information. Your
registration must be
done using your real
name and accurate
and complete
registration
information,
including without
limitation, your
full legal name,
address and
telephone number.
Each registration is
for your personal
use only and not on
behalf of any other
person or entity. We
do not permit (a)
any other person
using the registered
sections under your
name; or (b) access
through a single
name being made
available to
multiple users on a
network. You are
responsible for
preventing such
unauthorized use.
11.
Accessibility.
You agree that from
time to time the
Site may be
inaccessible or
inoperable for any
reason, including,
without limitation:
(i) equipment
malfunctions; (ii)
periodic maintenance
procedures or
repairs which we may
undertake from time
to time; or (iii)
causes beyond the
control of us or
which are not
reasonably
foreseeable by us.
12. Equipment.
You shall be solely
responsible for
providing,
maintaining and
ensuring
compatibility with
the Site, all
hardware, software,
electrical and other
physical
requirements for
your use of the
Site, including,
without limitation,
telecommunications
and internet access
connections and
links, web browsers
or other equipment,
programs and
services required to
access and use the
Site.
13. Errors,
Corrections and
Changes.
We do not represent
or warrant that the
Site will be
error-free, free of
viruses or other
harmful components,
or that defects will
be corrected. We do
not represent or
warrant that the
information
available on or
through the Site
will be correct,
accurate, timely or
otherwise reliable.
We may make changes
to the features,
functionality or
content of the Site
at any time. We
reserve the right in
our sole discretion
to edit or delete
any documents,
information or other
content appearing on
the Site.
14. Security.
You shall be solely
responsible for the
security,
confidentiality and
integrity of all
messages and the
content that you
receive, access,
transmit through or
store on the Site.
You shall be solely
responsible for any
authorized or
unauthorized access
to your account by
any person. You
agree to bear all
responsibility for
the confidentiality
of your password and
all use or charges
incurred from use of
the Site with your
password.
15. Third
Party Content.
Third party content
may appear on the
Site or may be
accessible via links
from the Site. We
are not responsible
for and assume no
liability for any
mistakes,
misstatements of
law, defamation,
omissions,
falsehood,
obscenity,
pornography or
profanity in the
statements,
opinions,
representations or
any other form of
content on the Site.
You understand that
the information and
opinions in the
third party content
represent solely the
thoughts of the
author and is
neither endorsed by
nor does it
necessarily reflect
our belief.
16. Unlawful
Activity.
We reserve the right
to investigate
complaints or
reported violations
of this Agreement
and to take any
action we deem
appropriate,
including but not
limited to reporting
any suspected
unlawful activity to
law enforcement
officials,
regulators, or other
third parties and
disclosing any
information
necessary or
appropriate to such
persons or entities
relating to your
profile, email
addresses, usage
history, posted
materials, IP
addresses and
traffic information.
17.
Indemnification.
You agree to
indemnify, defend
and hold us and our
partners, agents,
officers, directors,
employees,
subcontractors,
successors, assigns,
third party
suppliers of
information and
documents,
attorneys,
advertisers, product
and service
providers, and
affiliates
(collectively,
"Affiliated
Parties") harmless
from any liability,
loss, claim and
expense, including
reasonable
attorney's fees,
related to your
violation of this
Agreement or use of
the Site.
18.
Nontransferable.
Your right to use
the Site is not
transferable or
assignable. Any
password or right
given to you to
obtain information
or documents is not
transferable or
assignable.
19.
Disclaimer.
THE INFORMATION,
CONTENT AND
DOCUMENTS FROM OR
THROUGH THE SITE ARE
PROVIDED "AS-IS,"
"AS AVAILABLE," WITH
?ALL FAULTS?, AND
ALL WARRANTIES,
EXPRESS OR IMPLIED,
ARE DISCLAIMED
(INCLUDING BUT NOT
LIMITED TO THE
DISCLAIMER OF ANY
IMPLIED WARRANTIES
OF MERCHANTABILITY
AND FITNESS FOR A
PARTICULAR PURPOSE).
THE INFORMATION AND
SERVICES MAY CONTAIN
BUGS, ERRORS,
PROBLEMS OR OTHER
LIMITATIONS. WE AND
OUR AFFILIATED
PARTIES HAVE NO
LIABILITY WHATSOEVER
FOR YOUR USE OF ANY
INFORMATION OR
SERVICE, EXCEPT AS
PROVIDED IN SECTION
20(b). IN
PARTICULAR, BUT NOT
AS A LIMITATION
THEREOF, WE AND OUR
AFFILIATED PARTIES
ARE NOT LIABLE FOR
ANY INDIRECT,
SPECIAL, INCIDENTAL
OR CONSEQUENTIAL
DAMAGES (INCLUDING
DAMAGES FOR LOSS OF
BUSINESS, LOSS OF
PROFITS, LITIGATION,
OR THE LIKE),
WHETHER BASED ON
BREACH OF CONTRACT,
BREACH OF WARRANTY,
TORT (INCLUDING
NEGLIGENCE), PRODUCT
LIABILITY OR
OTHERWISE, EVEN IF
ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. THE
NEGATION AND
LIMITATION OF
DAMAGES SET FORTH
ABOVE ARE
FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE
BARGAIN BETWEEN US
AND YOU. THIS SITE
AND THE PRODUCTS,
SERVICES, DOCUMENTS
AND INFORMATION
PRESENTED WOULD NOT
BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO
ADVICE OR
INFORMATION, WHETHER
ORAL OR WRITTEN,
OBTAINED BY YOU FROM
US THROUGH THE SITE
OR OTHERWISE SHALL
CREATE ANY WARRANTY,
REPRESENTATION OR
GUARANTEE NOT
EXPRESSLY STATED IN
THIS AGREEMENT.
ALL
RESPONSIBILITY OR
LIABILITY FOR ANY
DAMAGES CAUSED BY
VIRUSES CONTAINED
WITHIN THE
ELECTRONIC FILE
CONTAINING A FORM OR
DOCUMENT IS
DISCLAIMED.
20. Limitation
of Liability
(a) We and any
Affiliated Party
shall not be liable
for any loss,
injury, claim,
liability, or damage
of any kind
resulting in any way
from (a) any errors
in or omissions from
the Site or any
services or products
obtainable therefrom,
(b) the
unavailability or
interruption of the
Site or any features
thereof, (c) your
use of or inability
to use the Site, (d)
the content
contained on the
Site, or (e) any
delay or failure in
performance beyond
the control of a
Covered Party.
(b) THE AGGREGATE
LIABILITY OF US AND
THE AFFILIATED
PARTIES IN
CONNECTION WITH ANY
CLAIM ARISING OUT OF
OR RELATING TO THE
SITE AND/OR THE,
INFORMATION,
PROVIDED HEREIN OR
HEREBY SHALL NOT
EXCEED $100 AND THAT
AMOUNT SHALL BE IN
LIEU OF ALL OTHER
REMEDIES WHICH YOU
MAY HAVE AGAINST US
AND ANY AFFILIATED
PARTY. UNDER NO
CIRCUMSTANCES SHALL
WE BE LIABLE TO YOU
OR ANY OTHER PERSON
FOR ANY INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
SPECIAL OR PUNITIVE
DAMAGES FOR ANY
MATTER ARISING FROM
OR RELATING TO THIS
AGREEMENT. IF YOU
ARE DISSATISFIED
WITH THE SERVICE,
YOUR SOLE AND
EXCLUSIVE REMEDY
SHALL BE FOR YOU TO
DISCONTINUE USE OF
THE SERVICE AND
TERMINATE THIS
AGREEMENT IN
ACCORDANCE WITH
SECTION 31.
21. Use of
Information.
We reserve the
right, and you
authorize us, to the
use and assignment
of all information
regarding Site uses
by you and all
information provided
by you in any manner
consistent with our
Privacy Policy. All
remarks,
suggestions, ideas,
graphics, or other
information
communicated by you
to us (collectively,
a "Submission") will
forever be our
property. We will
not be required to
treat any Submission
as confidential, and
will not be liable
for any ideas
(including without
limitation, product,
service or
advertising ideas)
and will not incur
any liability as a
result of any
similarities that
may appear in our
future products,
services or
operations. Without
limitation, we will
have exclusive
ownership of all
present and future
existing rights to
the Submission of
every kind and
nature everywhere.
We will be entitled
to use the
Submission for any
commercial or other
purpose whatsoever,
without compensation
to you or any other
person sending the
Submission. You
acknowledge that you
are responsible for
whatever material
you submit, and you,
not us, have full
responsibility for
the message,
including its
legality,
reliability,
appropriateness,
originality, and
copyright.
22.
Third-Party
Services.
We may allow access
to or advertise
certain third-party
product or service
providers
("Merchants") from
which you may
purchase certain
goods or services.
You understand that
we do not operate or
control the products
or services offered
by Merchants.
Merchants are
responsible for all
aspects of order
processing,
fulfillment, billing
and customer
service. We are not
a party to the
transactions entered
into between you and
Merchants. You agree
that use of or
purchase from such
Merchants is AT YOUR
SOLE RISK AND IS
WITHOUT WARRANTIES
OF ANY KIND BY US,
EXPRESSED, IMPLIED
OR OTHERWISE
INCLUDING WARRANTIES
OF TITLE, FITNESS
FOR PURPOSE,
MERCHANTABILITY OR
NON-INFRINGEMENT.
UNDER NO
CIRCUMSTANCES ARE WE
LIABLE FOR ANY
DAMAGES ARISING FROM
THE TRANSACTIONS
BETWEEN YOU AND
MERCHANTS OR FOR ANY
INFORMATION
APPEARING ON
MERCHANT SITES OR
ANY OTHER SITE
LINKED TO OUR SITE.
23.
Third-Party Merchant
Policies.
All rules, policies
(including privacy
policies) and
operating procedures
of Merchants will
apply to you while
on any Merchant
sites. We are not
responsible for
information provided
by you to Merchants.
We and the Merchants
are independent
contractors and
neither party has
authority to make
any representations
or commitments on
behalf of the other.
24. Privacy
Policy.
Our Privacy Policy,
as it may change
from time to time,
is a part of this
Agreement.
25. Securities
Laws.
The Site may include
statements
concerning our
operations,
prospects,
strategies,
financial condition,
future economic
performance and
demand for our
products or
services, as well as
our intentions,
plans and objectives
(particularly with
respect to product
and service
offerings), that are
forward-looking
statements. These
statements are based
upon a number of
assumptions and
estimates which are
subject to
significant
uncertainties, many
of which are beyond
our control. When
used on our Site,
words like
"anticipates,"
"expects,"
"believes,"
"estimates,"
"seeks," "plans,"
"intends," "will"
and similar
expressions are
intended to identify
forward-looking
statements designed
to fall within
securities law safe
harbors for
forward-looking
statements. The Site
and the information
contained herein
does not constitute
an offer or a
solicitation of an
offer for sale of
any securities. None
of the information
contained herein is
intended to be, and
shall not be deemed
to be, incorporated
into any
securities-related
filings or
documents.
26. Links to
other Web Sites.
The Site contains
links to other Web
sites. We are not
responsible for the
content, accuracy or
opinions express in
such Web sites, and
such Web sites are
not investigated,
monitored or checked
for accuracy or
completeness by us.
Inclusion of any
linked Web site on
our Site does not
imply approval or
endorsement of the
linked Web site by
us. If you decide to
leave our Site and
access these
third-party sites,
you do so at your
own risk.
27. Copyrights
and Copyright
Agents.
We respect the
intellectual
property of others,
and we ask you to do
the same. If you
believe that your
work has been copied
in a way that
constitutes
copyright
infringement, please
provide our
Copyright Agent the
following
information:
a. An electronic or
physical signature
of the person
authorized to act on
behalf of the owner
of the copyright
interest;
b. A description of
the copyrighted work
that you claim has
been infringed;
c. A description of
where the material
that you claim is
infringing is
located on the Site;
d. Your address,
telephone number,
and email address;
e. A statement by
you that you have a
good faith belief
that the disputed
use is not
authorized by the
copyright owner, its
agent, or the law;
and
f. A statement by
you, made under
penalty of perjury,
that the above
information in your
Notice is accurate
and that you are the
copyright owner or
authorized to act on
the copyright
owner's behalf.
Our Copyright Agent
for Notice of claims
of copyright
infringement on the
Site can be reached
by directing an
e-mail to the
Copyright Agent at
clientcare@nbis.com.
28.
Information and
Press Releases.
The Site contains
information and
press releases about
us. We disclaim any
duty or obligation
to update this
information or any
press releases.
Information about
companies other than
ours contained in
the press release or
otherwise, should
not be relied upon
as being provided or
endorsed by us.
29. Legal
Compliance.
You agree to comply
with all applicable
domestic and
international laws,
statutes, ordinances
and regulations
regarding your use
of the Site and the
Content and
Materials provided
therein.
30.
Termination.
This Agreement is
effective upon your
acceptance as set
forth herein and
shall continue in
full force until
terminated. You
may terminate this
Agreement for any
reason upon thirty
(30) days prior
notice to us. We
reserve the right,
in our sole
discretion and
without notice, at
any time and for any
reason, to: (a)
remove or disable
access to all or any
portion of the Site;
(b) suspend your
access to or use of
all or any portion
of the Site; and (c)
terminate this
Agreement.
31.
Miscellaneous.
This Agreement shall
be treated as though
it were executed and
performed in
Atlanta, Georgia,
and shall be
governed by and
construed in
accordance with the
laws of the State of
Georgia (without
regard to conflict
of law principles).
Any cause of action
by you with respect
to the Site must be
instituted in a
court located within
the State of Georgia
within one (1) year
after the cause of
action arose or be
forever waived and
barred. All actions
shall be subject to
the limitations set
forth herein. The
language in this
Agreement shall be
interpreted as to
its fair meaning and
not strictly for or
against any party.
This Agreement and
all incorporated
agreements and your
information may be
automatically
assigned by us in
our sole discretion
to a third party in
the event of an
acquisition, sale or
merger. Should any
part of this
Agreement be held
invalid or
unenforceable, that
portion shall be
construed consistent
with applicable law
and the remaining
portions shall
remain in full force
and effect. To the
extent that anything
in or associated
with the Site is in
conflict or
inconsistent with
this Agreement, this
Agreement shall take
precedence. No
waiver of any term,
provision or
condition of this
Agreement by us,
whether by conduct
or otherwise, in any
one or more
instances, shall be
deemed to be, or
shall constitute, a
waiver of any other
term, provision or
condition hereof,
whether or not
similar, nor shall
such waiver
constitute a
continuing waiver of
any such term,
provision or
condition hereof.
No waiver shall be
binding unless
executed in writing
by us. If any
provision of this
Agreement is
determined to be
illegal or
unenforceable, then
such provision will
be enforced to the
maximum extent
possible and the
other provisions
will remain fully
effective and
enforceable. Our
rights under this
Agreement shall
survive any
termination of this
Agreement.
32. No
Conflict with
Insurance.
Nothing in this
Agreement or on the
Site shall be deemed
to supercede or take
precedence over the
terms and conditions
of any insurance
policy or related
document or
agreement issued by
or through us or our
Affiliated Parties.
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