nUIaddon.COM Terms of Service
Welcome to the nUIaddon.com Website!
1. Your Relationship with nUIaddon.com
Your use of nUiaddon.com’s products, software, services and web
site (referred to collectively as “Services”) are subject to the
following Terms of Service (“Terms”), which may be updated by us
from time to time by us without notice to you. nUiaddon.com is owned
and operated by K. Scott Piel. “nUI” means nUI.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms.
You may not use the Services if you do not accept the Terms. You can
accept the Terms by: (A) clicking to accept or agree to the Terms,
where this option is made available to you by nUI in the user
interface for any Service; or (B) by actually using the Services. In
this case, you understand and agree that nUI will treat your use of
the Services as full acceptance of the Terms from that point onward.
You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with nUI, or (b) you
are a person barred from receiving the Services under the laws of
the United States or other countries including the country in which
you are resident or from which you use the Services. Before you
continue, you should print off or save a local copy of the Terms for
your records.
3. Termination of Services
You acknowledge and agree that nUI may stop (permanently or
temporarily) providing the Services (or any features within the
Services) to you or to any users generally at nUI’s sole discretion,
without prior notice to you. You may stop using the Services at any
time. You do not need to specifically inform nUI when you stop using
the Services. You acknowledge and agree that if nUI disables access
to your account, you may be prevented from accessing the Services,
your account details or any files or other content contained in your
account.
4. Use of the Services by You
In order to access certain Services, you may be
required to provide information about yourself as part of the
registration process for the Service, or as part of your continued
use of the Services. You agree that any registration information you
give to nUI will always be accurate, correct and up to date. You
agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and
from the United States or other relevant countries). You agree not
to access (or attempt to access) any of the Services by any means
other than through the interface that is provided by nUI. You
specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or
web crawlers). You agree that you will not engage in any activity
that interferes with or disrupts the Services (or the servers and
networks which are connected to the Services). Unless you have been
specifically permitted to do so in a separate agreement with nUI,
you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose. You agree that you are
solely responsible for (and that nUI has no responsibility to you or
to any third party for) any breach of your obligations under the
Terms and for the consequences (including any loss or damage which
nUI may suffer) of any such breach.
5. Your Password
You are responsible for maintaining the
confidentiality of any password associated with any account you use
to access the Services and are fully responsible for all activities
that occur under your password or account. You agree to (a)
immediately notify nUI of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. nUI cannot and
will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. Privacy and your personal information
For information about nUI’s data protection
practices, please read nUI’s Privacy Policy located at
http://www.nUiaddon.com/privacy.html
7. Content
All information which you may have access to as part
of, or through your use of, the Services are the sole responsibility
of the person from which such content originated. All such
information is referred to below as the “Content”. Content presented
to you as part of the Services, including but not limited to
advertisements in the Services and sponsored Content within the
Services may be protected by intellectual property rights which are
owned by the sponsors or advertisers who provide that Content to nUI
(or by other persons or companies on their behalf). You may not
modify, rent, lease, loan, sell, distribute or create derivative
works based on this Content (either in whole or in part). nUI
reserves the right, but shall have no obligation to modify or remove
any or all Content from any Service. By using the Services you may
be exposed to Content that you may find offensive, indecent or
objectionable. Use of the Services is provided to you at your own
risk.
8. Advertisers and Links
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser. You agree that nUI shall 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
advertisers on the Service. The Service may provide, or third
parties may provide, links to other World Wide Web sites or
resources. Because nUI has no control over such sites and resources,
you acknowledge and agree that nUI 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 or other materials on or available from such
sites or resources. You further acknowledge and agree that nUI shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused by 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.
9. Intellectual Property Rights
The Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
10. No Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED
"AS IS" AND “AS AVAILABLE.” NUI, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR
USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE
OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART
OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NUI FURTHER
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. A SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUI AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU 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 NUI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE
SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE
SERVICE.
12. Miscellaneous
No Third Party Beneficiary. You agree that there
shall be no third-party beneficiaries to this agreement. Entire
Agreement. The Terms constitutes the entire agreement between you
and nUI and governs your use of the Service, superseding any prior
agreements between you and nUI with respect to the Service. You also
may be subject to additional terms and conditions that may apply
when you use or purchase certain other NUI services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the
relationship between you and nUI shall be governed by the laws of
the State of Florida without regard to its conflict of law
provisions. You and nUI agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of
Florida.
Waiver and Severability of Terms. The failure of nUI
to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of
the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full
force and effect.