Niadyne, Inc. - Terms And Conditions of Use
This is a legal agreement between you, the user, together with any company or other business entity which you are representing (collectively, the "User") and Niadyne, Inc. ("Niadyne"), with a principal place of business at 601 West 26th Street, Suite 1505, New York NY 10001. This Agreement governs the access and use of services provided by or through the Niadyne Web site (the "Service"). If User does not agree to the terms of this agreement, do not access or use the Service. All questions concerning this Agreement should be directed to Niadyne, Inc.
User represents, warrants and covenants that (a) User is 18 years old or older; (b) User is capable of entering into a legally binding agreement; and (c) User is duly authorized to, and does hereby represent and legally bind, any company on behalf of which User is registering with respect to this Agreement and all transactions conducted under this account in connection with the Service. Notwithstanding anything to the contrary, Niadyne reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion.
Use of Niadyne Web Site and Its Contents
The information contained in this Web site supplied by Niadyne, users and third parties ("Content") is for general guidance on topics selected by Niadyne. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstance. The information on this Web site is provided with the understanding that such information provided by Niadyne and various authors and publishers does not constitute the rendering of legal, accounting, tax, career or other professional advice or services.
All Content, including information supplied by Niadyne may contain inaccuracies, misrepresentations or typographical errors. Accordingly, you agree that Niadyne shall have no liability for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance on any Content posted, emailed or otherwise transmitted or accessed via the Service.
Niadyne shall have no obligation to review Content posted by Users or other third parties to the Service by users or by Niadyne. Niadyne shall have the right, but not the obligation, in its sole discretion, to correct any errors or omissions in any Content on the Service or to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, modify, refuse to post or remove any Content, in whole or in part, that in Niadyne's sole discretion is objectionable, inaccurate or in violation of this Agreement. Niadyne may alter, suspend, or discontinue this Web site at any time for any reason, without notice or cost. The Web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
You agree that you will not, except where explicitly authorized herein and on the Web site, reproduce or transmit any Content in any form, by any means, electronic or mechanical, including photocopying and recording, except that Niadyne authorizes you to view, copy, download, and print Niadyne documents (such as white papers, press releases, data sheets, and FAQs). Notwithstanding the foregoing, User may copy Content on the site subject to the following conditions:
1. The copy of the Content may be used solely for noncommercial, informational purposes.
2. The copy of the Content may not be modified.
3. Copyright, trademark, and other proprietary notices in the Content are not to be removed.
Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Web site or any documents displayed on this Web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Niadyne or such third party that may own the trademark or copyright of material displayed on this Web site.
Submissions to Niadyne and Affiliated Servers
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Niadyne through this Web site is the exclusive property of Niadyne. Niadyne is entitled to use and authorize the copying and distribution of any information submitted for any purpose, without restriction or compensation to the person sending the submission. The User acknowledges the originality of any submission communicated to Niadyne and accepts sole responsibility for its accuracy, appropriateness, and legality.
Availability of Products and Services Mentioned
Information that Niadyne publishes on this Web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your city, county, state, and/or country. Such references do not imply that Niadyne intends to announce or make available such products or services to the general public, or in your locality. Product descriptions and specifications are subject to change. Niadyne periodically adds or updates the information and documents on this Web site without notice. Contact Niadyne, Inc. to determine which products and services may be available to you.
No Implied Endorsements
Except where explicitly stated, no reference to any third party or third party product or service should be construed as an approval or endorsement by Niadyne of that third party or of any product or service provided by a third party.
Links to Third-Party Web Sites
This Web site may contain links to non-Niadyne Web sites. These links are provided to you as a convenience, and Niadyne is not responsible for the content of any linked Web site. Any outside Web site accessed from the Niadyne Web site is independent from Niadyne, and Niadyne has no control over the content of that Web site. In addition, a link to any non-Niadyne Web site does not imply that Niadyne endorses or accepts any responsibility for the content or use of such a Web site.
USER ACKNOWLEDGES THAT INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. SPECIFICALLY, BUT WITHOUT LIMITATION, NIADYNE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Niadyne , ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NIADYNE, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NIADYNE'S RECORDS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT NIADYNE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM NIADYNE OR THROUGH THE SERVICE. IN NO EVENT SHALL NIADYNE 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO NIADYNE DURING THE MOST RECENT SIX-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEB SITE.
By using this Web site, you agree to indemnify, hold harmless and defend Niadyne from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use or misuse of the Service.
Modification of Agreement
Niadyne shall have the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, or require additional Agreements for specific aspects of the Service at any time by posting notification on the Service. The changes will become effective, and shall be deemed accepted by User, after initial posting by Niadyne and User's next access of the Service and shall apply on a going-forward basis with respect to transactions, listings and other activities commenced thereafter. In the event that User does not agree with any such modifications, User shall terminate its account as set forth below, which shall be User's sole and exclusive remedy.
Termination of Service
User may close User's account on the Service by sending a notice via email to Niadyne, Inc. Niadyne may, in its sole discretion without liability to User or any third party, terminate User's account for any reason, including without limitation inactivity or violation of this Agreement or other rules and policies established by Niadyne. Upon termination of User's account, User shall remain liable for all charges, fees, commitments and obligations incurred or accrued by User. Upon termination, Niadyne shall have the right to delete any Content, listings or other information regarding User's account, prohibit User's access to the account, including without limitation by deactivating User's password, and refuse User future access to the Service.
Niadyne makes no representation that information on this Web site is appropriate or available for use outside the United States. Those who choose to access this Web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforcement of Terms and Conditions
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Durham, NC, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of North Carolina. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of North Carolina or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Niadyne may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Niadyne, as described above.
For Additional Information
If you have any questions about the rights and restrictions above, please contact Niadyne, Inc.
Copyright, Trademark, and Patent Information
This Web site, and the information that it contains, is the property of Niadyne and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "NIA24" is a trademark and service mark of Niadyne, Inc. under the applicable laws of the United States and other countries.
All other product names are the trademarks or registered trademarks of their respective owners.
This Web site, and the information which it contains, may be the subject of domestic and international patents and/or "patents pending" before the United States Patent and Trademark Office, foreign patent offices or international patent authorities.
Notice and Take Down Procedures
If you believe any materials accessible on or from this Web site infringe your copyright, you may request removal of those materials (or access thereto) from this Web site by contacting Niadyne, Inc. and providing the following information:
1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available), e-mail address.
4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6) A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Niadyne maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Web site who are repeat infringers.
601 West 26th Street, Suite 1505
New York NY 10001