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03/23/2008
IMPORTANT-READ CAREFULLY:
The
TERMS OF USE ("TOU") is a legal agreement between you (either as an
individual or any other legal entity) ("You" or "Your") and
Nev-Comm, LLC. ("Nev-Comm"). Your access to, and use of Nev-Comm
or any of its
website and its any affiliated names (Nev-Comm; D.B.A. Communications of Nevada, ) and ("Website") is subject to, and governed by, these TOU. Be
sure to carefully read and understand all of the rights and
restrictions delineated in these TOU. For Your reference, You may
print the TOU by using the "Print" option on Your browser. By
accessing the Website, you confirm your agreement to and acceptance
of these terms. Nev-Comm reserves the right to update the TOU at any
time without notice to You. You may view the current applicable
version of the TOU at any time by clicking on the "Terms of Use"
link at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN
NEV-COMM WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED
SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE
TOU AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.
1. Access.
Nev-Comm has the right, but not the duty, to terminate or suspend
Your access to the Website, without notice, for any conduct that
Nev-Comm, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another user, a
third-party provider, a service provider or Nev-Comm. Nev-Comm makes
no representation that the information contained in the Website is
appropriate or available for use throughout the world. It is
forbidden to access the Website from territories where the
legislation provides that the content or use of the Website is
illegal. You choose to use the Website on Your own initiative, and
it is Your responsibility to ensure that You conform to all
applicable local laws.
2. Copyright.
Nev-Comm, its suppliers or the original creator of the material own
all copyrights to material on the Website and all other intellectual
property rights related to the Website. To the extent that Nev-Comm
has the right to do so without compensation to third parties, and
except for material specifically provided under other terms,
Nev-Comm grants You permission to copy materials on the Website
solely for Your non-commercial use in support of Nev-Comm products.
You agree that any copies of material shall retain all copyright and
other proprietary notices in the same form and manner as the
original. You may not, without Nev-Comm's permission, "mirror" any
material contained on the Website or any other server. Except as
specified above, nothing contained herein shall be construed as
conferring by implication or otherwise any license or
right under any trademark, patent, copyright, mask work protection
right or any other intellectual property right of Nev-Comm or any
third party.
3. Trademarks.
Nev-Comm and the Nev-Comm logo are trademarks or service marks,
registered or not, of Nev-Comm. Nothing in the Website may be
interpreted so as to grant to You, directly or indirectly, the use
of a trademark or service mark reproduced on the Website, whether
belonging to Nev-Comm or third party suppliers, without the written
permission of Nev-Comm.
4.
Affiliations.
Nev-Comm is in no way affiliated with Nortel Networks.
4. Information
Provided to Nev-Comm.
4.1.
Nev-Comm does not want You to, and You should not, send any
confidential or proprietary information to Nev-Comm via the Website.
Any submission by You to Nev-Comm, including but not limited to
questions, comments, suggestions or the like shall be deemed to be
non-confidential and shall become the property of Nev-Comm.
Furthermore, by Your submission You grant Nev-Comm an unrestricted,
irrevocable license to use, reproduce, display, perform, modify,
transmit, and distribute such information. Nev-Comm shall be free to
use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products incorporating such
information.
5. Links.
THE LINKS ON THE WEBSITE WILL LET YOU LEAVE NEV-COMM'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF NEV-COMM AND NEV-COMM IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
NEV-COMM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEV-COMM IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY NEV-COMM OF THE SITE.
6. Product
Availability.
The availability of the products described on the Website, and the
product descriptions, may vary from country to country. You should
consult the applicable Nev-Comm affiliate or authorized distributor
for availability of specific products in Your area.
7. Export of
Information.
The United States Export Controls laws prohibit the export of
certain technical data and software to certain territories. No
content from the Website may be downloaded or otherwise exported in
violation of United States law or any other local law from where You
may be accessing the Website. You agree to comply with all United
States and foreign Federal, State and local laws and regulations
applicable to the use of the Website.
8. Limitation of
Liability.
NEV-COMM, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES,
REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR
THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE.
THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF
PROFIT, EVEN IF NEV-COMM WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF ALL OR PART OF THIS LIABILITY IS FOUND UNENFORCEABLE FOR
ANY REASON, THEN NEV-COMM'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH
CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED
SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
9. Assignment.
The TOU may not be assigned or transferred by You without the prior
written consent of Nev-Comm. Nev-Comm may assign the TOU to any
affiliate or third party in part or in whole.
10. Disputes.
10.1.
Any controversy or claim arising out of or in connection with the
TOU, its enforcement or interpretation ("Dispute"), will be finally
resolved solely in accordance with the terms of this Section 10.
10.2.
If a Dispute arises, the parties will endeavor to resolve the
Dispute through good faith negotiation by Arbitration within
forty-five (45) days of notification of the Dispute. If the Dispute
cannot be settled through good faith negotiation, Nev-Comm and You
will submit the Dispute to non-binding mediation conducted by the
American Arbitration Association ("AAA") or any other mutually
acceptable alternate dispute resolution organization. Each party
shall bear its own expenses but those related to the compensation of
the mediator shall be borne equally. The parties, their
representatives, other participants and the mediator (and
arbitrator, if any) shall hold the existence, content and result of
mediation in confidence. If the Dispute is not resolved through
mediation, claims may be brought in a state or federal court of
competent jurisdiction or resolved through binding arbitration.
Notwithstanding the foregoing, Nev-Comm shall be entitled to take
immediate legal action where required to protect its confidential or
proprietary information, or to obtain any interim injunction.
10.3.
Actions on Disputes between the parties with respect to the TOU must
be brought in accordance with this Section 10 within two years after
the cause of action arises.
11. Governing Law.
The validity, construction and performance of this Agreement will be
governed by the substantive laws of the State of Nevada, without
giving effect to any provisions that would result in this Agreement
being governed by the law of any jurisdiction other than that of the
State of Nevada. The parties specifically disclaim the UN Convention
on Contracts for the International Sale of Goods. Subject to Section
10, the parties hereby consent to the exclusive jurisdiction of, and
venue in, any federal or state court of competent jurisdiction
located in the County of Clark, Las Vegas, Nevada for the purposes
of adjudicating any matter arising from or in connection with this
Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS
TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR
ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE
USE OF THE WEBSITE.
12. Access to
Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the
Website is restricted to authorized users only. Unauthorized
individuals attempting to access these areas of the Website may be
subject to prosecution.
13. Data Privacy.
13.1.
You and Nev-Comm agree that they shall comply in all respects with
all applicable data protection laws and regulations (or any
legislation or regulations amending or replacing the same)
(together, the "Data Protection Laws").
13.2.
You shall in connection with these TOU (i) not do or permit anything
to be done through an act or omission which might jeopardize or
contravene Nev-Comm's liability under Data Protection Laws; and (ii)
enter into such agreements as Nev-Comm shall reasonably require in
relation to the cross border migration of personal data.
13.3.
You shall indemnify and keep Nev-Comm fully indemnified against any
and all liability, loss, damage, costs (including legal costs) and
expenses which Nev-Comm, or any Nev-Comm affiliate may incur or
suffer whether direct or consequential (including without limitation
any economic loss or other loss of profits, business or goodwill) as
a result of any breach of Section 13.2.
13.4.
WHEN YOU SUBMIT PERSONAL DATA TO NEV-COMM ON THE WEBSITE OR WHEN
REGISTERING FOR THE WEBSITE, NEV-COMM MAY TRANSFER AND/OR RETAIN THE
PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN
WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS
COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY
PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR
RETENTION, DO NOT SUBMIT PERSONAL DATA TO NEV-COMM.
13.5.
BY AGREEING TO THESE TOU, YOU ARE AGREEING THAT NEV-COMM MAY SHARE
YOUR PERSONAL DATA AND OTHER INFORMATION (WITH THE EXCEPTION OF
ACCOUNT, CREDIT CARD AND ORDERING INFORMATION) WITH THIRD PARTIES IN
CASES WHERE NEV-COMM BELIEVES YOUR BUSINESS INTERESTS WILL BE
SERVED. IF YOU DO NOT APPROVE OF NEV-COMM SHARING YOUR PERSONAL DATA
AND OTHER INFORMATION IN SUCH A FASHION, DO NOT AGREE TO THESE TOU.
13.6
Please click on the "Privacy Statement" link at the bottom of each
Website page for disclosures relating to the collection and use of
Your personal information.
14. Software License
terms.
Any software You download from the Website is governed by (i) the
license terms accompanying the software or (ii) if no license terms
accompany the software, the terms of Your license agreement with
the Licensor's which accompanied the original product licensed by You
which you are updating or (iii) if neither (i) or (ii) is
applicable, the Software License Agreement below.
Software License Agreement
(1)
License Grant. Subject to the
following terms and conditions, a nonexclusive, nontransferable
right to use the software on a single processor at any time based
upon the owner of the license. Nev-Comm
reserves all rights not expressly granted to you. All software which
requires licensing must be paid for and You agree that you hold a
valid license and can produce proof of ownership for said software
and rights to use, in compliance with manufacturers licensing
agreements.
(2)
Protection of Software. You agree to use Your best efforts to
protect the software and documentation from unauthorized copy or
use. Any software source code represents and embodies trade secrets
its licensors. The source code and embodied trade
secrets are not licensed to you and any modification, addition or
deletion is strictly prohibited. You agree not to disassemble,
decompile, or otherwise reverse engineer the software in order to
discover the source code and/or the trade secrets contained in the
source code.
(3)
Copies.
You may not copy documentation unless it carries a statement that
copying is permitted. All proprietary rights notices must be
faithfully reproduced and included on all copies.
16. Disclaimers.
16.1
WHILE NEV-COMM ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE
WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE
INFORMATION. NEV-COMM MAY CHANGE THE INFORMATION ON THE WEBSITE, OR
THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL,
INCLUDING SOFTWARE, ON THE WEBSITE AND THE WEBSITE ITSELF IS
PROVIDED "AS IS" AND NEV-COMM DOES NOT PROVIDE ANY WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED. NEV-COMM SPECIFICALLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE
WEBSITE.
16.2
NEV-COMM MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR
REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE,
AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
16.3
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL OR SOFTWARE.
16.4
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM NEV-COMM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOU.
This constitutes the
entire agreement between the parties with respect to the Website and
its use and, except with respect to Nev-Comm Websites containing
additional or different terms of use, supersedes all prior
agreements, proposals, communications between the parties and
understandings, whether written or oral.
NEV-COMM reserves
the right to change, modify or update this statement at any time, so
please review it frequently.
Nev-Comm shall
maintain a current date on the top of these page's which is here by
means of a notice to You, that there is a change.
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