PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USING THE SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. BY ACCESSING, BROWSING, REVIEWING AND/OR USING THE SITE AND ITS CONTENTS, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOU ARE ALSO BOUND BY ANY SUCH REVISIONS. SO PLEASE CHECK BACK FROM TIME TO TIME. IN ADDITION, IF YOU ARE USING A PARTICULAR SERVICE ON THE SITE, YOU WILL BE SUBJECT TO ALL RULES OR GUIDELINES APPLICABLE TO THOSE SERVICES, AND THEY WILL BE INCORPORATED BY REFERENCE WITHIN THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT AND SHOULD NOT USE THIS SITE.
1. No service or professional consultation formed
All materials on this Site are provided by Nahteava for informational purposes only. Nahteava shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. There may be delays, omissions, or inaccuracies in information contained in this Site. The information contained in or made available through the Site does not constitute the rendering of business, financial, medical, psychological, or legal matters, or other professional advice. As such, information on this Site should not be relied upon or used as a substitute for consultation with trained professionals in any field, including, but not limited to, business, financial, medical, psychological, or legal matters. You acknowledge and agree that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk.
2. Restrictions on Use
Your access and use of all content and functionality on the Site, including, but not limited to, text, graphics, logos, icons, images, photographs, videos, audio recordings, and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, applications or other technology, algorithms, models, processes, and industry insights underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (collectively defined as “Content and Materials”) is the exclusive property of Nahteava or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Therein are subject to the following restrictions and prohibitions on use. You may not (a) copy, print, 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 therefore; (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 hereinafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental subscription or any other commercial distribution mechanism; (c) you shall not “mirror” or “frame” any Content and Materials or the Site itself, in whole or in part, without Nahteava’s express written permission.
3. Privacy Policy
You acknowledge that you have read the Privacy Policy (the “Privacy), as it may be updated from time to time. You further acknowledge that, to the extent required under applicable law, by using this Site you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with such Privacy, which is incorporated herein by reference and forms an integral part of these Terms.
4. Prohibitions on Use
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. Nahteava will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect any information about other users; (d) you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without Nahteava’s prior written consent;(e) you will not provide any content that may give rise to Nahteava being held civilly or criminally liable for violations of copyrights, trademarks, patents, or trade secrets laws.
5. Providing Content on This Site
By providing any content to this Site:
(a) you agree to grant Nahteava worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Nahteava the license specified in this section; (c) you acknowledge and agree that Nahteava will have the right (but not obligation), at its sole discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
6. Links to Third-party websites
These terms apply only to our Site, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site.
7. Trademarks
The trademarks, service marks, trade names, and trade dress, copyrights, designs, and logos (collectively, the “Trademarks”) used and displayed on the Site are the registered and unregistered Trademarks of Nahteava or its licensors. Other trademarks, service marks, logos and trade names may be owned by others. Requests to use trademarks owned by other companies should be directed to such other companies. Nothing in the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Natheava intellectual property displayed on the Site without written permission of Nahteava or the Trademark owner. Nahteava actively enforces its intellectual property rights. The trademarks, service marks, trade names, and trade dress, copyrights, designs, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of Content and Materials on the Site, without prior written permission from Nahteava.
8. Disclaimers
THE SITE AND CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NAHTEAVA DOES NOT REPRESENT OR WARRANT THAT: (i) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NAHTEAVA OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, SUPPLIERS, THIRD-PARTY PARTNERS, REPRESENTATIVES ATTORNEYS, LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST REVENUES OR PROFITS, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELECTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF NAHTEAVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SITE, OR ANY OTHER SUBJECT MATTER HEREOF. IN NO EVENT SHALL NAHTEAVA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED TEN DOLLARS ($10).
10. Indemnification
You agree to indemnify, defend, and hold harmless Nahteava, and all of its predecessors, successors, parents, subsidiaries, affiliates, past or present officers, directors, shareholders, investors, employees, agents, suppliers, third-party partners, representatives and attorneys and their respective heirs, successors and assigns, from and against any and all claims, damages, liabilities, losses, expenses, and costs, including reasonable attorneys’ fees and expenses, that may be filed by any third party, arising out of your conduct or connection with this Site or service, your provision of content, your violation of the Terms, or any other violation by you of the rights of another person or party.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any dispute regarding these Terms or use of this Site shall be exclusively resolved in the United States District Court for the Middle District of Florida, provided it has subject matter jurisdiction. Otherwise, such disputes shall be decided before the courts of Hillsborough County, Florida. Each party hereby agrees to waive its right to a jury trial in all legal proceedings. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12. Entire Agreement
These Terms constitute the entire agreement between you and Nahteava with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to that subject matter. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Nahteava. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms.