COPYRIGHTS AND TRADEMARKS.
© 2021 NOW Technologies. ALL RIGHTS RESERVED. Text, images, graphics and HTML code are protected by U.S. and international copyright laws.
NOW Technologies, NOW Tech, NOW, and all trademarks, service marks, logos, trade dress and trade names (collectively the “Marks”) of NOW Technologies, LLC, including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of NOW Technologies, LLC, and are protected under federal and international trademark laws. Nothing contained on the Site or in this Agreement grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of NOW Technologies or that of the respective owner(s). NOW Technologies reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Agreement grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).
Moreover, our Marks may not be used in connection with any product or service, or in any of your postings or submission on or to our Site in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.
If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:
- NOW Technologies
- Attn: Legal Department
- Tel: 940-497-9700
- Fax: 940-497-9925
- E-mail: firstname.lastname@example.org
THE DIGITAL MILLENNIUM COPYRIGHT ACT REQUIRES THAT SUCH NOTIFICATION MUST BE IN WRITING AND INCLUDE ALL OF THE FOLLOWING INFORMATION:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit NOW Technologies to locate the material.
- Information reasonably sufficient to permit NOW Technologies to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
LICENSES AND PERMISSIONS.
We grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of it. Except as explicitly provided in this Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.
THIRD PARTY CONTENT ON THE SITE.
We distribute certain content supplied by third parties (“Third Party Content”) on the Site, including without limitation descriptions of services, goods provided to us by third party Providers, Merchants, Sponsors and Licensors, as well as content provided by users of the Site. We do not have editorial control over such Third-Party Content. Any opinions, advice, statements, goods, services, offers, or other information that constitutes part of the Third-Party Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, and other Site users are those of the respective authors or distributors and not of ours or our affiliates or any of our respective officers, directors, employees, or agents. NEITHER WE NOR OUR ASSOCIATES, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF THE SITE, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.
We do not claim ownership of any content that you submit to NOW Technologies in any manner and through any means whatsoever. However, with respect to all such content, including, without limitation, creative ideas, suggestions, content, postings, whether in video format, photographs, written work, artwork, material or other submissions whether or not to be posted on the Site as content to be made available to other Site users, and regardless of your manner of submission, whether through the Site, via email, your mobile device, regular mail, feedback or otherwise (collectively, “User Content”), you grant to us and our Associates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Content in any manner, including on the Site or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Content you submit or otherwise transmit to us and that our public posting and other public or private use of such User Content will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Content you may submit and you waive the benefits of any provisions of law known as “droit moral” (moral rights) or any similar laws.
While using the Site and the Services, you agree not to:
- use the Site or the Services in violation of any applicable law;
- use the Site or the Services or features in violation of NOW Technologies’ or any third party’s intellectual property or other proprietary, personal or legal rights;
- obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
- attempt to gain unauthorized access to other computer systems through the Site;
- attempt to gain unauthorized access to other computer systems through the Site;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
No User Content, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither we, nor our Associates, nor our respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Content.
You and your heirs, successors and assigns hereby waive any and all rights and remedies you may have against us, or our Associates, or any of our respective officers, directors, employees, or agents now or in the future, and hereby release us, our Affiliates, and any of our respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively “Claims”) relating to providing or transmitting the User Content to us, or our receiving, evaluating, and utilizing the User Content. You further agree to indemnify and hold harmless us, our Associates, and any of our respective officers, directors, agents and employees from and against any and all Claims, including, without limitation, Claims that any User Content misappropriate or infringe upon the rights of any third party, and reasonable attorneys’ fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of User Content by us, our Affiliates or our third party licensees.
In addition, we may, in our sole discretion, at any time and without prior notice to you, suspend or terminate the right of any user to use any portion of the Site, who violates any of the terms of this Agreement, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is inappropriate, and/or for any reason without prior notice or liability.
We may review user content before it is posted on the Site. However, in review such content, including your content, we expressly disclaim any liability for such content; and we do not guarantee that we review all user content before it is posted to the Site. Moreover, we cannot be responsible for confirming that each User is the individual they claim to be, and therefore, NOW Technologies is not responsible for any disputes, dealings or altercations that you may have with another User.
NOW TECHNOLOGIES’ RIGHTS.
COMPLIANCE WITH LAWS AND EXPORT REGULATIONS.
You agree to use the Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgment, negatively reflect on the goodwill or reputation of us or any of our Associates.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including without limitation any Third-Party Content, or any content that we may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.
ASSOCIATE WEB SITES.
LINKS FROM THIS SITE.
LINKING TO THIS SITE.
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
As a condition of use of this Site and/or using the services, accessing information on the Site, and/or your submission of content and/or posting your content on the Site, you agree to indemnify and hold harmless us and our Associates from and against any and all liabilities, expenses (including attorneys’ fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site, including your posting of content on the Site, your use of the Services, Materials and/or Products offered on the Site, including without limitation, any claims alleging facts that if true would constitute a breach by you of this Agreement. You agree that you will be responsible for any damages resulting from any violation of this Agreement. This indemnity is in addition to, and not in lieu of, other indemnity obligations stated herein.
DISCLAIMERS AND LIMITATION OF LIABILITY.
YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OR EMPLOYEES, AGENTS, NOR ANY OF OUR ASSOCIATES, WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR USER CONTENT DESCRIBED ON THE SITE.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, OUR SITE, OUR SERVICES, OUR INFORMATION AND USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE, AND ANY MATERIAL OR PRODUCT DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US OR ASSSOCIATES SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SITE OR OUR INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE OR INFORMATION, OR USE OF THE MATERIALS AND/OR PRODUCTS OFFERE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR USER CONTENT OBTAINED OR REVIEWED FROM OR ON OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH OUR SITE.
WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES, SO IF PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU. Governing Law; Jurisdiction; Waiver of Jury Trial.
By visiting the Site, using the services offered on the Site, and/or submitting and/or posting content on the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating in any way to your visit to the Site, using the services offered on the Site and/or submitting and/or posting content on the Site, shall be adjudicated in any state court in Collin County, Texas, or any federal court in the Northern District of Texas and you and we consent to exclusive jurisdiction and venue in such courts and waive any and all claims of inconvenient forum and immunity. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY.
Not with standing any provision to the contrary contained in these Terms and Conditions, Buyer agrees that the maximum aggregate liability of NOW Technologies to Buyer under this Agreement shall not exceed the aggregate Purchase Price that has been paid by Buyer to NOW Technologies.
SITE POLICIES, MODIFICATION, AND SEVERABILITY.
HEADINGS; NO WAIVER.
Headings are for reference purposes only and do not limit the scope or extent of each section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Updated: March, 2021.