This website (the “Website”) is owned and operated by NMC Group, Inc. and/or its subsidiary and affiliated companies (“Company”). By accessing and/or using this Website you are providing your acceptance of the terms, conditions, and notices contained in this User Agreement, without modification. If you do not agree with these terms, you are not permitted to access or utilize this Website.
The Company reserves the right to change or update this User Agreement, in whole or in part, at its sole discretion. Users are encouraged to regularly review the Website’s User Agreement for the most current version of this User Agreement.
The purpose of this Website is to provide general information for business-to-business commerce purposes within the United States of America. The application of the laws of the United States of America are intended to apply to it. You are not permitted to use the Website in any manner which is unlawful, prohibited by this User Agreement or which interferes with the Company’s or any other party’s use of the Website. By way of example, and not as a limitation, you agree that you will not:
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, material or information.
• Bypass or attempt to bypass security measures or to attempt obtain any materials or information through any means not intentionally made available or authorized by the Company.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or computer systems.
• Mine or otherwise collect information about others, including e-mail addresses, without their consent.
Company may, but has no obligation to monitor your use of the Website. Company does however have the absolute right to block or restrict your access to the Website and/or remove anything of an inappropriate nature that you may seek to upload. Company further reserves the right to disclose any information required or that Company deems necessary to protect Company’s interests, to aid in any investigation or to satisfy any applicable law, regulation, legal process or governmental request.
You agree to indemnify and hold harmless Company and its respective owners, directors, members, officers, employees and agents (“Company Indemnified Parties”) from and against any and all claims, losses, damages and expenses (including reasonable legal fees and expenses) brought against Company Indemnified Parties by third parties arising from your violation of this User Agreement.
MATERIALS PROVIDED TO THE COMPANY OR POSTED TO THE WEBSITE
Company does not claim ownership of the materials you provide, post, upload, input or submit (including without limitation, feedback and suggestions) to the Website (collectively “Submissions”). By providing any Submissions however, you are granting Company, its subsidiary and affiliated companies the right to use your Submission in connection with the operation of their businesses (including, without limitation, the rights to: copy, distribute, transmit, publicly display, sublicense, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission).
No compensation will be paid to you for the use of your Submission. By providing your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission and are legally authorized to provide Company with the rights to utilize the Submissions in the manner described herein.
THIRD PARTY SITES
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AS SUCH, COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
APPLICABLE LAW/ARBITRATION/MISCELLANEOUS TERMS
To the maximum extent permitted by law, this User Agreement is governed by the laws of the State of Nebraska and, as applicable, the federal law of the United States of America. Through your use of this Website, you agree that all disputes and controversies arising out of or relating to the use of the Website will be resolved through binding arbitration utilizing the Rules of Arbitration for the American Arbitration Association. All arbitration shall be held exclusively in Douglas County Nebraska. The use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
While there is the intent that all provisions of this User Agreement should be interpreted in a manner to render it enforceable and valid, should for any reason, a court of competent jurisdiction rule that any part of this User Agreement is invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable portion will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement will continue in effect. In the event that a court be unwilling or unable to reform the invalid or unenforceable provision, to the extent of such invalidity or unenforceability, such portion of this User Agreement shall be deemed struck from the User Agreement and the remainder of the User Agreement which is valid and enforceable, shall remain in full force. Without limiting the generality of the foregoing, should a court of competent jurisdiction rule that the binding arbitration requirement does not apply to this User Agreement or that it is otherwise unenforceable, the parties agree that the federal and state courts located in Douglas County Nebraska shall have exclusive jurisdiction over the dispute and each party agrees that such Nebraska based court has personal jurisdiction over the parties and that the party will not challenge the jurisdictions of such courts.
Unless otherwise specified herein, this User Agreement constitutes the entire agreement between the User and Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Company with respect to the Website. A printed version of this User Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express intent of the parties that this User Agreement and all related documents be drawn up in the English Language and that all proceedings related to this User Agreement be in the English Language.