Welcome to Netfig.net. Our goal at Netfig Inc. is to provide the best
services and products to you. To ensure
that we can provide a safe and friendly environment for all our users,
we have established these TERMS OF USE. It spells out just what you can
expect from use and what we can expect from you.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR
ANY OTHER NETFIG INC. WEB SITE. THEY ARE LEGALLY BINDING ON
YOU.
By using this website you signify your assent to these Terms of Use
(Note: the use of the word "Terms" also includes the term and concept
of "Conditions.") We reserve the right, at our discretion to modify,
add, or remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use fo the website now
or following the posting of any changes to these terms will signify
that you acceot these Terms and/or changes. Your violation of these
Terms, at a minimum, will result in your loss of the right to use our
Web stie, as we may decide in our absolute discretion.
1. Restrictions on use of materials
All materials on this site, including, but not limited to text, images,
designs, audio, graphics, logos, software, and the like (collectively
called the "Materials"), are owned by Netfig Inc.
(called the "Company") or its content suppliers and protected by U.S.
and international laws. All trademarks, service marks and trade names
are the proprietary to Company, except those acknowledged in the
accompanying Trademark
Attributions. You may not coy, transmit, post, create derivative
works from, or republish in any way whasoever any Materials from
our Web site without prior written permission of the Company.
However you may download or make one copy of the Materials and other
downloadable items for personal use only, provided all copyright and
other legal notices on the Materials are left intact.
2. Disclaimer
THIS SITE IS PROVIDED BY NETFIG INC. ON AN "AS IS"
BASIS. WE MAKE NO REPRESENTATIONS OR WARRENTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSABLE BY LAW, WE
DISCLAIM ALL WARRENTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRENTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT ANY FUNCTION OF OUR SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR
SERVER(S) ARE FREE OF VIRUSES.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATILNS REGARDING THE USE OF THE
MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU
(AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.
FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRENTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL NETFIG INC. BE LIABLE FOR
ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE
MATERIALS ON THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE
POSSIBILITIES. APPLICABLE LAW MAY NOT ALLOW THESE LIMITIATIONS SO THE
ABOVE MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, AND CAUSES
OD ACTION (WHETHER CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
4. ONLINE CONDUCT
Any communication which you post to our Web site is nonconfidential,
and the user agrees to use Netfig.net only for lawful
purposes. You shall not post or publish on ourWeb site any content
which is defamatory, obscene, threatening, illegal, infringes on
copyrights or trademarks, or is otherwise objectionable, including but
not limited to any material encoraging conduct that woul constitute a
criminal offense, civil liability, or otherwise violate any applicable
law.
If we are notified of any alleged conetnt violation, we may investigate
this and decide in our sole discretion whether to remove that content
from our Webite. We may disclose any content or electronic
communication of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate
to operate our Company; (iii) to protect the rights or property of our
Company, its users, or providers.
Netfig Inc. reserves the right to prohibit conduct,
communication, or content that we deem in our sole discretion to
violate any law or be harmful to the rights of any user, our Company or
any third party. Provided, however, neither we nor our representatives
shall assume liability for any action on inaction taken with respect to
removing such material from our Web site.
Our Web site shall be used only for uses consistent with our site's
operation. You shall not distribute or otherwise publish any commercial
material soliciting or promoting any goods or services. You
specifically acknowledge that soliciting any users of this Web site to
become members of any commercial online service or other organisation
is expressly prohibited.
By uploading or submitting any materials to us you automatically grant
and warrent that the content owner has expressly granted us a
royalty-free, irrevocable, nonexclusive right and license to use,
publish, modify
and distribute the content worldwide, including the right to use it in
other works of any form, media or technology for the copyright terms of
this content. Subject to this grant, the content owner retains any and
all rights which may exist in that content.
Any advice, services, or offers that are expressed by you or made
available by third parties are those of the repespective authors - and
not of Netfig.net or any of our officers, employees, or
representatives. Neither Comany nor any of its representatives
guarantee the accuracy, completeness, or appropriateness of any
content, opinion, or advice, nor its merchantability or fitness for any
particular purpose. Under no circumstances shall we be liable for any
loss, damage, or harm caused by a user's reliance on any information,
advice, or content found at this Web site.
5. THIRD PARTY SUBMISSIONS
Users may upload to or distribute on our Web site only content that is
not subject to any copyright or other proprietary rights protection, or
content in which the author has given expresss authorization for
Internet distribution. Any content distributed with the consent of a
copyright owner should contain a phrase such as "Copyright, date, owned
by [name of owner]; used by permission." Unauthorised submission or
distribution of copyrighted or other proprietary content is illegal.
In compliance with the Digital Millenium Copyright Act, users and other
persons can report and potential infringements and recommended
corrections to us in care of general@netfig.net. We will
address those concerns in accordance with the Act. Neither our Company,
its officers, or representatives will be liable for any damages
resulting from any infringement of copyrights or proprietary rights, or
from any other harm that arises from user submissions.
6. PRIVACY POLICY
It is Netfig Inc.'s policy to respect the privacy of
our users. Our policy can be found in the accompanying Privacy Policy document.
7. LINKING FROM AND TO THIS WEB SITE
To the extent that this Web site has links from and to other Web sites,
we cannot endorse nor control their content,accuracy, compliance with
laws, or accessibility. If you decide to access these linked sites, you
do so at your own risk. Any concerns regarding such outside Internet
sites, or any link thereto, should be directed to that particular Web
site. Any link to our Web site is subject to our approval, conditions
and agreement, as we may decide in our sole discretion. Additionally
any linking, whether it is a hyperlink, use of spiders or robots, or
whatever applicable technology, of a commercial, compentititve, or
offensive nature is strictly prohibited.
8. TERMINATION OF USE
Netfig Inc., reserves the right to refuse service,
terminate accounts, suspend activity, and/or cancel orders in its sole
discretion, including, without limitation, if we believe that any
customer's conuct violates applicable law, is harmful to another user's
interests, or is harmful to the Company's, a third party's, or a
service provider's interests.
9. INDEMNITY
You agree to indemnify, hold harmless, and defend Netfig Inc., our
employees, officers, directors, agents, and providers from
any and all claims, actions, or demands, including reasonable legal
fees and court costs, resulting from and breah by you of these Terms of
Use or other liability.
10. OTHER
Any legal dispute arising in connection with these Terms of Use shall
be first attempted to be settled by mediation. If that is not
successful, then t he dispute shall be settled by arbitrationto be held
in California in accordance with the rules of the American Arbitration
Association, and this agreement to arbitrate shall be
specifically enforcable. Any award shall be final and binding on all
parties, and a final judgement may be enteredin the appropriate court
of law. Notwithstanding this, should any litigation ensue between
parties, then the prevailing pary shall be entitled to reasonable
expenses and attorney fees as set by the Court.
This site is created and controlled by Netfig Inc.
operating in the State of California, whose laws will govern these
Terms of Use and any legal controversy. You consent to submit to the
exclusive juristiction of the courts of the State of California and of
the United States for any litigation arising out of our Web site's use
and operation, waive any objection to this state on improper
juristiction and/or venue grounds, and agree not to argue that such
litigation brought there has been brought in an inconvenient forum.
If any provision of these Terms of Use shall be deemed unlawful, void,
or for any reason unenforceable by any court of competent jurisdiction,
then that provision shall be deemed severable from the reset of the
provisions and shall not affect the validity or enfirceability of any
of the remaining ones.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing
and/or using our Web site. |
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