Last updated: 2021-09-09
nediscapp.com requires that users of its systems be subject to the following terms and conditions of use. By using nediscapp.com, or by using Web site functionality provided by nediscapp.com (the "Services"), you agree to the following terms and conditions:
Customers of nediscapp.com and visitors to Customers' Web sites using functionality provided by nediscapp.com (Visitors) acknowledge that they have an obligation not to use or allow the use of the Services for infringing, illegal or improper purposes or in an infringing, illegal or improper manner. This includes, without limitation:
Customers and Visitors acknowledge and agree not to engage in actions that could adversely affect the operation of nediscapp.com or its Service Provider, or nediscapp.com's ability to provide the Services to its other Customers. These actions include:
If Customer is an individual, he or she represents and warrants that he or she is of legal age. In the event Customer is a minor (defined as a person of less than 18 years of age), Customer may not use the Services until nediscapp.com has received a copy of a consent form duly signed by the Customer's parent or legal guardian.
For purposes of identification, Customers agree to provide nediscapp.com with accurate, complete, and updated information as requested by nediscapp.com on signing up to use the Services (Registration Data), including name and e-mail address. Customers agree to notify nediscapp.com within ten (10) days of any changes in the Registration Data. nediscapp.com may suspend or terminate provision of Services to a Customer without notice for failure to comply with this provision. Any requirement, under these Terms of Service or applicable law, that nediscapp.com provide a notice to a Customer is conditioned upon the Customer complying with this provision.
Customers and Visitors acknowledge and agree that neither nediscapp.com nor its Service Provider are responsible for the content of the transmissions by Customers or Visitors that may pass through nediscapp.com and its Service Provider's servers or equipment (Network.)
Customers acknowledge that they are responsible for the security of their password(s) and all use of the Services obtained by them, with or without the consent or knowledge of the Customer.
Access to the Network cannot be guaranteed to any Customer. Customers may be unable to access the Network at any time, and disconnections from the Network may occur from time to time.
Material accessible to Customers and Visitors through using the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, Customers and Visitors may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
Customers and Visitors understand that certain information that may be accessible through Web sites using Services provided by nediscapp.com may be considered inappropriate for minors. Customers and Visitors acknowledge that nediscapp.com exercises no control whatsoever over the content of the information passing through or stored on its systems.
The Services include mechanisms that provide transmission, routing, provision of connections, or storage carried out through an automatic technical process without selection of the material by nediscapp.com, and without permanent storage of the material transmitted. With respect to these mechanisms, nediscapp.com does not select the recipients of the material except as an automatic response to the request of another person, nediscapp.com does not maintain on the Network a copy of the material in the course of such intermediate or transient storage in a manner ordinarily accessible to anyone other than anticipated recipients, nediscapp.com does not maintain on the Network any copy in a manner ordinarily accessible to the anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and the material is transmitted through the Network without modification of its content.
Although nediscapp.com can not actively monitor content and data transmitted through, or posted on, its Network by Customers and Visitors, it accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.
nediscapp.com has designated the following email address as its agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Customers or Visitors:
In the event nediscapp.com learns or becomes aware that a Customer or Visitor may have violated these Terms of Service by causing or allowing data, content, or materials to be present on the Network, nediscapp.com may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.
In the event nediscapp.com's Service Provider notifies nediscapp.com that it is in violation of its contract with the Service Provider because of data, content, or materials posted, placed or uploaded onto the Network by a Customer or Visitor, nediscapp.com may remove, delete, or disable access to such data, content, or materials from the Network without providing advance notice to the Customer or Visitor.
In the event nediscapp.com learns or becomes aware that a Customer or Visitor may have violated these Terms of Service, or if nediscapp.com's Service Provider notifies it that an action of a Customer or Visitor has caused nediscapp.com to violate its contract with the Service Provider, nediscapp.com may suspend or terminate access to its Network by the Customer or Visitor without providing advance notice to the Customer or Visitor. nediscapp.com's policy is to investigate allegations of infringing, illegal, or improper conduct violating these Terms of Service, and suspending or terminating access to the Network by any Customer that:
Customers and Visitors acknowledge that nediscapp.com shall not be liable to any person for any claim based on nediscapp.com's good faith disabling of access to, or removal of, material or activity that a third-party claims is infringing, illegal or improper, or based on facts or circumstances from which nediscapp.com believes the material or activity is infringing, illegal or improper, regardless of whether the material or activity is ultimately determined to be infringing, illegal or improper. Customers and Visitors agree that nediscapp.com shall not be liable to them for any action it takes under these Terms of Service to remove or restrict access to data or material, or to terminate or suspend a Customer or Visitor's access to the Services.
Customers and Visitors acknowledge that transmissions and postings made by means of the Services are not confidential and that such communications may be read or intercepted by others. Customers and Visitors acknowledge that by transmitting and posting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created between them and nediscapp.com.
DISCLAIMER OF WARRANTY: THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, nediscapp.com MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, nediscapp.com's NEGLIGENCE. nediscapp.com, ITS EMPLOYEES AND AGENTS, DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE ON A SPECIFIED DATE OR TIME OR THAT THE NETWORK WILL HAVE THE CAPACITY TO MEET THE DEMAND OF CUSTOMERS DURING SPECIFIC HOURS. NEITHER nediscapp.com NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR ANY DAMAGE THAT CUSTOMER MAY SUFFER ARISING OUT OF USE, OR INABILITY TO USE, THE SERVICES PROVIDED HEREUNDER. NEITHER nediscapp.com NOR ITS SERVICE PROVIDER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF nediscapp.com OR ITS SERVICE PROVIDER'S NEGLIGENCE.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL nediscapp.com OR ITS SERVICE PROVIDER BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF nediscapp.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS. IN NO EVENT SHALL nediscapp.com's TOTAL LIABILITY TO A CUSTOMER OR VISITOR FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO nediscapp.com FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. CUSTOMERS FURTHER AGREE THAT nediscapp.com, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE CUSTOMER BY ANY OTHER PARTY.
Customers and Visitors agree to indemnify, defend and hold harmless nediscapp.com and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by the Customer or Visitor of these Terms of Service, or incurred by the Affiliates in responding to a third-party claim that the Customer or Visitor has used the Services in an infringing, illegal or improper manner, including, without limitation, reasonable attorneys' fees and costs. You agree to cooperate as fully as reasonably required in the defense of any claim. nediscapp.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of nediscapp.com.
nediscapp.com has the right to modify these Terms of Service. Any modification is effective immediately upon either a posting on the nediscapp.com Home Page (http://nediscapp.com), or upon notice by electronic mail, or U.S. mail. A Customer or Visitor's continued use of the Services following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). A Customer's only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of nediscapp.com in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount charged for the Services, is to cease using the Services.
These Terms of Service constitute the sole and entire agreement between nediscapp.com and Customers with respect to the Services and supersedes any other prior agreement. Failure by nediscapp.com to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of nediscapp.com. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.