Last Updated September 24, 2010
PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND NODALITY. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE NODALITY SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, AND ANY FUTURE MODIFICATIONS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE NODALITY SITE.
1. Access to the Nodality Site. Subject to your compliance with these Terms, Nodality grants you permission to access and use the Nodality Site consistent with the intended features of the Nodality Site, and to download and print a single copy of information available on the Nodality Site. You may be required to register to access certain information provided on the Nodality Site.
3. Ownership; Proprietary Rights. The Nodality Site is owned and operated by Nodality. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Nodality Site provided by Nodality (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Nodality Site are the copyrighted property of Nodality or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to Nodality or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works of, or otherwise make unauthorized use of the Materials, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Nodality or any third party.
4. Disclaimers; No Warranties.
UNLESS OTHERWISE EXPRESSLY AGREED TO BY NODALITY IN A SIGNED WRITING, THE NODALITY SITE AND ANY INFORMATION, FEATURES, OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NODALITY SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ACCURACY OF INFORMATION, OR AVAILABILITY OF ANY PRODUCT OR SERVICE LISTED ON THE NODALITY SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT BY APPLICABLE LAW, NODALITY, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Modification of the Terms. From time to time, Nodality may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. Your use of the Nodality Site will be subject to the version of the Terms in effect at the time of such use.
6. Prohibited Uses. You may only use the Nodality Service for your own internal, informational purposes. You may not use the Nodality Site for any unlawful purpose. You may not use the Nodality Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Nodality Site. You may not attempt to gain unauthorized access to the Nodality Site or the computer systems or networks connected to the Nodality Site, or any part of them, through hacking, password mining, or any other means. You may not obtain, attempt to obtain, or redistribute any Materials or information on the Nodality Site through any means not intentionally made available by Nodality, including by any form of automated access, scraping, or other similar process.
The Nodality Site may contain robot exclusion files and other mechanisms designed to regulate access. You agree that you will not use any robot, spider, scraper, or other automated means to access the Nodality Site for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Nodality Site.
7. Third Party Sites, Products and Services; Links.
The Nodality Site may include links to other websites or services solely as a convenience to Users (“Linked Sites”). Nodality does not endorse any such Linked Sites or the information, material, products, or services contained on such Linked Sites or accessible through such Linked Sites, nor does Nodality endorse any product or service advertised or referenced on the Nodality Site. Furthermore, Nodality makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, participation in promotions of, or access, purchase, or utilization of products or services offered by third parties found on or through the Nodality Site are solely between you and such third party. YOU AGREE THAT NODALITY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH LINKS ON THE NODALITY SITE.
8. Copyright and Trademark Owners. If you are a copyright or trademark owner and you believe that material available through the Nodality Site is being used without the proper permission, please contact us at firstname.lastname@example.org and provide us with sufficient information to enable us to address the matter as expediently as possible.
9. Limitation of Liability and Damages.
IN NO EVENT WILL NODALITY, ITS SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FROM ANY CAUSE OF ACTION OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT NODALITY, ITS SUPPLIERS, OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN NODALITY AND LISTED, REFERENCED, OR ADVERTISED ON THE NODALITY SITE, OR ACCESSED OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE NODALITY SITE. IN NO EVENT WILL THE TOTAL LIABILITY OF NODALITY, ITS SUPPLIERS, OR PARTNERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE NODALITY SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NODALITY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Miscellaneous. These Terms are governed by California law, without regard to conflict of law provisions, and any claim or dispute you may have against Nodality must be resolved by a state or federal court located in California. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Nodality without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of Nodality’s assets. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Nodality relating to the subject matter herein and will not be modified except by a change to these Terms made by Nodality as set forth in Section 5 above. A provision of these Terms may be waived only by a written instrument executed by Nodality. Failure by Nodality at any time to require performance of any provision of these Terms will in no manner affect Nodality’s right at a later time to enforce the same. The Nodality Site is provided by Nodality, Inc. You may contact Nodality by email at email@example.com or by mail at 170 Harbor Way, Suite 200, South San Francisco, CA 94080. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.