|NANDA International, Inc. appreciates your visit to http://www.nanda.org/. Please read the following terms and conditions (“Terms and Conditions”) carefully before using this Site as use of this Site constitutes your acceptance of these Terms and Conditions. Your access to and use of the Site is subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws. If you do not agree to abide by these Terms and Conditions, do not use the Site or download material from the Site.
Terms and Conditions
Notwithstanding the foregoing, NANDA International, Inc. may make available certain copyrighted materials, including but not limited to photographs and marketing materials (collectively the “Promotional Materials”) to certain users of the Site for marketing and promotional purposes. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. NANDA International, Inc. shall retain at all times ownership of and all intellectual property rights to the Promotional Material.
- As used in these Terms and Conditions, NANDA International, Inc. shall mean NANDA International, Inc. or its contractors.
- This Site may be linked to other sites that are not maintained by NANDA International, Inc. (“Linked Sites”). If you use any of the Linked Sites, you will leave this Site. NANDA International, Inc. is not responsible for the content of the Linked Sites. Links to Linked Sites do not constitute an endorsement from NANDA International, Inc. or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of NANDA International, Inc.. Linked Sites are for informational purposes only, and it is your responsibility to evaluate the content and usefulness of the Linked Sites. If you decide to visit any of the Linked Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
- NANDA International, Inc. presents the material and Promotional Material (as hereinafter defined) on this Site as a service to its customers and other Internet users. NANDA International, Inc. makes no commitment to update the Site content or materials. Any unauthorized downloading or distribution of any copyrighted material from this Site or from Linked Sites, without the copyright owner's permission, is strictly prohibited.
- This Site and the materials contained in this Site are copyrighted, protected by worldwide copyright laws and treaty provisions, and provided for lawful purposes only. NANDA International, Inc. reserves all rights under these laws, and except as specifically permitted below, modifying, copying, distributing or using for any purpose the materials contained in this Site is strictly prohibited.
Unless otherwise indicated, all marks displayed on NANDA International, Inc.’s Site are subject to the trademark rights of NANDA International, Inc.. Any use of our trademarks, trade names, and logos in which NANDA International, Inc., its subsidiaries, affiliates, divisions, and licensors, do business is strictly prohibited absent NANDA International, Inc.’s prior written consent. In addition, the names, trade names, and trademarks of third parties that appear on this Site are proprietary to their respective owners and may be used only with their express permission.
NANDA International, Inc. reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by NANDA International, Inc., you should review this page each time you connect to NANDA International, Inc.’s Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
- NANDA International, Inc. makes no warranty or representation of any kind as to (i) the accuracy, completeness, reliability, use of or the results of the use of the materials, promotional materials, and linked sites, (ii) the availability for use of any copyrighted, trademarked or proprietary materials of third parties that may appear on this site, (iii) whether site service will be uninterrupted or error-free, or (iv) whether any materials or promotional materials available on or accessible through the site are free of viruses, worms, Trojan horses, or other harmful components. You acknowledge that reliance on any such materials, promotional materials and linked sites shall be at your sole risk. NANDA International, Inc. reserves the right, in its sole discretion, but without obligation, to correct any errors or omissions in any portion of the site. NANDA International, Inc. may make any other changes at any time without notice to the site, the materials, or promotional materials described in the site.
- Without limiting the foregoing, this site and the materials and promotional materials available on or accessible through this site, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.
- Neither NANDA International, Inc. nor anyone whose materials or information appear on this site shall have any liability (whether based on contract, tort, statute, or otherwise), under any circumstances, for any costs, losses, or damages (whether direct, indirect, incidental, special, punitive, exemplary, consequential or other damages, including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out or in connection with your access to, browsing of, use of (or your inability to use), or reliance on this site, any of the contents of this site or any linked sites, even if there is negligence or NANDA International, Inc. or an authorized NANDA International, Inc. NANDA International, Inc. representative has been advised of the possibility of such damages, or both. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. NANDA International, Inc.’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this site.
- Any person or entity, including but not limited to an entity’s officers, directors, employees, contractors, and agents, that uses this site agrees to defend, indemnify, and hold NANDA International, Inc. , its officers, directors, members, shareholders, contractors, employees, agents, successors, and assigns harmless from any and all (i) losses, claims, damages, liabilities, and costs, including reasonable attorneys’ fees, resulting from or arising out of any act or omission by such person or entity relating to that person’s or entity’s use of this site and (ii) all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms and conditions by such person or entity.
- By accessing this Site both you and NANDA International, Inc. agree that the statutes and laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles, and controlling US Federal law, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site. You and NANDA International, Inc. also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of, as applicable, the First Judicial District of Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania with respect to all matters relating to the use of this Site.
- If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and NANDA International, Inc. relating to the use of this Site and it cannot be modified orally by any representative of NANDA International, Inc.. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and NANDA International, Inc.. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
- NANDA International, Inc. may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of or contained in the Site, at anytime. NANDA International, Inc. may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. NANDA International, Inc. may terminate the authorizations and rights granted, and, upon such termination, you shall immediately destroy all materials and Promotional Materials, including but not limited to any and all related documentation and all copies and installations.