| Terms of use |
|
TERMS OF SERVICE AGREEMENT (TOSA) Preamble WHEREAS, the Nikola Tesla Inventors’ Club, provides free information for authorized Users. WHEREAS, Users of this web site must fully agree to the TOSA before accessing, viewing, printing, downloading, distributing or otherwise utilizing this web site. WHEREAS, both Authorized Users and Unauthorized Users of this web site that access, view, print, download, transmit, distribute or otherwise utilize the contents of this web site are subject to the basic TOSA unless agreed otherwise. Terms DEFINITIONS.
ACCEPTANCE OF TERMS. BY ACCESSING, VIEWING, PRINTING, DOWNLOADING, DISTRIBUTING, TRANSMITTING OR OTHERWISE UTILIZING THIS WEB SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA PUBLISHED ON THE WEB SITE. If you do not agree to be bound by the Terms, you are not to view, print, distribute, or otherwise utilize this web site. You hereby acknowledge that any reliance upon any content, information or other material on this web site shall be at your sole risk. YOU ARE TO SEEK INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THE TOSA AND VIEWING THE NTIC WEB SITE. NOTICES. The Nikola Tesla Inventors’ Club, is not associated with any Federal or State government agency. UNAUTHORIZED USERS. No access to this web site is allowed for Unauthorized Users unless provided express permission by the NTIC and/or its attorneys. Unauthorized Users shall not access, view, print, download, distribute or otherwise utilize the contents of this web site whether in electronic or printed form. Authorized Users of the NTIC web site understand and agree not to provide any information (print, electronic, or other form) relating to the NTIC or the NTIC web site to an Unauthorized User. WEB SITE PROTECTION. The NTIC reserves the right to take any action they feel is necessary to protect their interests such as but not limited to electronic defensive/offensive tactics without notice to Users (Authorized and Unauthorized) IF DEEMED NECESSARY BY THE NTIC IN ITS SOLE DISCRETION. NOT LEGAL ADVICE. The materials on this website are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted immediately regarding any questions, issues AND CONCERNS you may have. INVENTION MARKETING COMPANY. User understands AND AGREES that this web site is not to be ACCESSED, viewed, printed, distributed, downloaded or OTHERWISE utilized by AN INVENTION MARKETING COMPANY, nor their officers, SHAREHOLDERS, employees, agents, PATENT ATTORNEYS, PATENT AGENTS, PATENT SEARCHERS, AFFILIATES, FRANCHISEES and successors. User acknowledges and agrees that ACCESSING, viewing, printing, DOWNLOADING, DISTRIBUTING or OTHERWISE utilizing information upon the NTIC web site by AN INVENTION MARKETING COMPANY OR their officers, SHAREHOLDERS, employees, agents, PATENT ATTORNEYS, PATENT AGENTS, PATENT SEARCHERS, AFFILIATES, FRANCHISEES and successors shall be in violation of the Terms of Service Agreement subject to the LIQUIDATED damages PROVISION below for each individual violation. LIQUIDATED DAMAGES. USER UNDERSTANDS AND AGREES THAT IF User is in violation of any provision of the Terms of Service Agreement, User will make a minimum payment to the NTIC of $25,000.00 (u.s. CURRENCY) as liquidated damages for each individual violation. USER declareS and agreeS that this sum shall, without proof, be deemed to represent the damages actually sustained by the NTIC by reason of such violation alone. USER UNDERSTANDS AGREES that the liquidated damages payment is intended to be, and shall be, cumulative, and shall be in addition to every other remedy existing at the time of said violation or thereafter at law or in equity, or by statute, and shall not in any way interfere with any additional right or remedy available to the NTIC. USER AGREES THAT THE LIQUIDATED DAMAGES ABOVE ARE REASONABLE AND WAIVES ANY OBJECTION TO THE APPLICATION OF SUCH LIQUIDATED DAMAGES. jurisdiction. User understands and agrees that use of this web site is not intended to and does not create jurisdiction in any state or country other than North Dakota of the United States of America. User understands and agrees not to use this site if User deems electronic communication as consent to jurisdiction in any other state. User further understands and agrees that the information on this site is not directed towards any specific jurisdiction other than North Dakota of the United States of America. User understands that the information on this web site was published and is hosted in the jurisdiction of North Dakota, more specifically Fargo, North Dakota. User acknowledges and agrees that all information contained on this site is deemed “published” when first posted to our web server. CONSENT TO JURISDICTION. USER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN THE COUNTY OF CASS, NORTH DAKOTA U.S.A., REGARDING ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT OR ANY NTIC WEB SITE. USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION. COMMUNICATIONS. User understands and agrees that NTIC is not obligated to respond to, review or retain unsolicited written or electronic communications received from any User without providing notice to User. User understands that the NTIC does not make statements about third-parties in response to private inquiries including but not limited to invention marketing companies and patent practitioners (i.e. the information on the web site is all the NTIC provides). User understands and agrees that NTIC may, in its sole discretion, respond to or discard such communications on a case by case basis. If User does not receive a response to a communication sent to NTIC within 2 hours, User is strongly advised to immediately seek legal counsel elsewhere. “AS-IS” OF INFORMATION. USER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY NTIC IS PROVIDED "AS-IS" AND THAT NTIC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE. Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Since laws sometimes change, the information on this web site is not guaranteed to be accurate. There is no guarantee that the information on this web site is current or complete. EXTERNAL LINKS. NTIC may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. NTIC may provide links to other World Wide Web sites or resources. Because NTIC has no control over such sites and resources, User acknowledges and agrees that NTIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. User further acknowledges and agrees that NTIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. DISCLAIMER OF WARRANTIES. USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
LIMITATION OF LIABILITY. USER EXPRESSLY UNDERSTANDS AND AGREES THAT NTIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNITY. You agree to defend, indemnify and hold NTIC, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the web site, your violation of the TOSA, or your violation of any rights of another. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the web site or the TOSA, or the breach thereof, between NTIC and User shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Philadelphia, Pennsylvania. The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. TRADEMARK INFORMATION. NIKOLA TESLA INVENTORS’ CLUB, WWW.NIKOLATESLAINVENTORSCLUB.COM, and the NTIC design logo are trademarks of NTIC (the "NTIC Marks"). Without NTIC's prior permission, you agree not to display or use in any manner, the NTIC Marks. REPRODUCTION OF CONTENT. User understands that the content (including source code) upon the NTIC web site is protected by United States and International copyrights. User agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the web site without the prior permission of the NTIC. NO GRANT OF LICENSE. Nothing on this web site or on any NTIC site, or your use of the web site, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of NTIC, its affiliates or any third party, whether by estoppel, implication or otherwise. COPYRIGHTS AND COPYRIGHT AGENTS. NTIC respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NTIC with the following information:
Nikola Tesla Inventors’ Club, Inc. GOVERNING LAW. The TOSA and the relationship between User and NTIC shall be governed solely by the laws of the State of North Dakota without regard to its conflict of law provisions. SECTION TITLES OF TOSA. The section titles in the TOSA are for convenience only and have no legal or contractual effect. ENTIRE AGREEMENT. The TOSA constitutes the entire agreement between User and NTIC and governs the entire usage and viewing of the web site, superceding any prior agreements between User and NTIC. No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the NTIC web site.
|
|||||||||