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You, the website user ("User") agree that
you have read and understand this Terms of
Use agreement (this "Agreement") and agree
that by using this website you agree to be
bound by all of the terms of this Agreement.
User acknowledges and agrees that this Agreement
constitutes a legal binding agreement between
User and NC12 and its affiliated entities
(collectively, the "Company"). We recommend
that you print a copy of this Agreement for
your records.
- User represents and warrants to the Company
that all information he/she provides to
the Company will be factual, complete and
accurate and that User has not entered into
any contractual arrangements preventing
User from entering into this Agreement with
the Company.
- Neither the Company nor its vendors, partners
or clients will be liable under any circumstances
for any damage or liability that may arise
from User's use, misuse, or inability to
use this website, or for any services or
information offered or provided hereunder.
Furthermore, User acknowledges and agrees
that although the Company believes that
all materials, reports and information contained
herein are accurate, updated and complete,
the Company does not independently verify
the same. The Company, its vendors, partners
or clients do not guarantee the accuracy,
completeness or reliability of such materials,
reports and information and are not responsible
to User or any other party for any damage
or loss relating to their accuracy, completeness
or timeliness. All such materials, reports
and information should be independently
verified by User.
- User understands and agrees that the Company
will not be responsible for any damage to
hardware, software, data or personal property
while using this website or any other website
which may be linked to this website and
that using such websites is done at his/her
own risk.
- User understands that all materials, reports,
information, and marks contained in this
website contain intellectual property owned
by the Company or licensed from third parties.
The materials, reports, and information
are protected under copyright law and may
not be reproduced, distributed, or retransmitted
without written permission of the Company.
All rights are reserved. The marks on the
website are protected under trademark law
and may consist of trademarks, trade names
and service marks, including the Company's
logos and name. These marks are owned by
the Company or licensed by the Company from
third parties. User may not use or display
these marks or confusingly similar marks
in conjunction with other products or services
without written permission of the Company.
- User recognizes that the Company may at
any time amend the terms of this Agreement
by posting the amended Agreement on this
website and that User's continued use of
this website after the posting of any such
amendment will constitute User's acceptance
of such amendment. User does not have the
right to amend the terms of this Agreement.
User further acknowledges and agrees that
the Company may add, delete or modify all
or any portion of the services, materials,
reports and/or information provided hereunder
at any time. User also acknowledges and
agrees that not all of the services or information
displayed on this website may be available
at such time.
- THIS WEBSITE AND ALL SERVICES AND INFORMATION
ARE PROVIDED "AS-IS", "WHERE IS" AND "WITH
ANY AND ALL FAULTS." NEITHER THE COMPANY,
NOR ITS EMPLOYEES, DIRECTORS, OFFICERS,
OWNERS, AGENTS, VENDORS, CLIENTS, PARNTERS,
SUCCESSORS, AND/OR ASSIGNS, MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION CONTAINED
IN THIS WEBSITE NOR REPRESENT THAT USE OF
THIS INFORMATION WOULD NOT INFRINGE OTHER
THIRD PARTY RIGHTS.
FURTHER THE COMPANY SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR
FOR ANY LOSS OF PROFITS OR REVENUE TO THE
USER OR ANY THIRD PARTY ARISING FROM USE OF
THIS WEBSITE OR THE SERVICES OR INFORMATION
PROVIDED HEREUNDER.
- User agrees to indemnify, defend and hold
the Company, its employees, directors, officers,
owners, agents, representatives, vendors
and partners harmless from any and all liability,
loss, claim and expense (including attorneys'
fees and costs) resulting from User's use
of the information, materials, products
or services listed in this website or resulting
from User's violation of this Agreement.
- This Agreement also incorporates the Company's
Privacy and Security Policy and the other
legal notices and disclosures posted in
the website. It is recommended that the
User familiarize himself/herself with the
same since they are a part of this Agreement.
Although the Company and its vendors and
suppliers have taken steps to insure the
confidentiality of information transmitted
to them by the User via the Internet, the
User is cautioned that unexpected changes
in technology may be used by unauthorized
third parties to intercept User information.
Accordingly, the Company assumes no liability
or responsibility should confidential information
belonging to the User be intercepted and
subsequently used by an unintended recipient.
- The laws of the State of Texas (without
giving effect to its conflicts of laws)
will govern the interpretation and enforcement
of this Agreement. User hereby consents
to personal jurisdiction in the federal
and state courts of Harris County, Texas
for any actions arising out of or related
to this Agreement.
- If any of the provisions of this Agreement
are held invalid or unenforceable by a court
of law with jurisdiction over such matter,
such provisions shall be deleted from this
Agreement and the remaining provisions shall
remain binding and enforceable. Failure
by the Company to enforce any of its rights
under this Agreement shall not be construed
as a waiver of any provision or right to
which the Company is entitled. The Company
reserves the right to terminate User's access
to the website for User's breach of the
terms of this Agreement or for any actions
taken by User that damage or may damage
the website or the Company. User agrees
that the terms of Sections 2,3, 6, 7, 8,
9 and 10 shall survive the termination of
this Agreement.
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