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NeQter Labs, LLC
Website Terms of Service
The NeQter Labs website and services identified below are provided by NeQter Labs, LLC (the “Services”) (“NeQter”, “we” “us” or “our”). These terms of service (“Terms of Service”) govern your (“you,” “your,” or a “user”) access to and use of the neqterlabs.com website including any subdomains or co-branded subdomains (“Subdomains,” “Co-Branded Subdomains,” together with this site are collectively referred to as the “Website”) and all services provided by NeQter Labs, LLC via the Website.
We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Website; provided that any such changes shall only apply to your use of this Website or the Services after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise. Access to the Website, and use of the Services are subject to these Terms of Service and the NeQter Privacy Policy available on the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. We may alter, suspend, or discontinue this Website and the Services in whole or in part, at any time and for any reason, without notice. The Website and associated Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
If you use a mobile device or application to access the Website, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that while using the Service you are not in violation of your wireless data service agreement.
The term “Content” means all information, text, images, data, links, or other material posted on the sections of the Website that are (i) publicly available and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Website.
We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website, Services or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
b. Liability. We are not responsible for the conduct of users or for views, opinions and statements expressed in Content submitted for display through our Services, including consent submitted by users (“Submitted Content”). We do not prescreen information submitted to our Services or Submitted Content. With respect to such Content or Submitted Content posted on or through our Submitted Content Services, we act as a passive conduit for such distribution and are not responsible for such Content or Submitted Content. Any opinions, advice, statements, services, offers, or other information in the Services provided by users are those of the respective author(s) or distributor(s) and not of NeQter. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content or Submitted Content. You are responsible for ensuring that Content and Submitted Content submitted to or through our Services are not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content or Submitted Content to this Website.
c. Monitoring. We have the right, but not the obligation, to monitor Content or Submitted Content submitted during a Co-Branded Subdomain or on or through our Services, to determine compliance with these Terms of Service and any other applicable rules that we may establish, from time to time. Without limiting the foregoing, we have the right to remove any material that NeQter, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content and Submitted Content that you post on or through our Services.
a) Transmit any Content or Submitted Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by NeQter.
b) Post Content or Submitted Content which infringes another’s copyright, trademark or trade secret or other intellectual property or proprietary right.
c) Post unsolicited advertising or unlawfully promote products or services.
d) Impersonate another person.
e) Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
f) Exploit children under 18 years of age.
g) Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
h) Introduce viruses, worms, Trojan horses and/or harmful code to this Website.
i) Obtain unauthorized access to any computer system through this Website.
j) Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
k) Solicit personal information from children under 13 years of age.
l) Violate any federal, state, local, or international law or regulation.
m) Encourage conduct that would constitute a criminal or civil offense.
In addition, you may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service, Submitted Content or Content.
NeQter reserves the right, without prior notice and in its sole discretion, to decide whether your use of the Website violates these Terms of Service for any of the above reasons or for any other reason, and if NeQter does so, to remove such content which you post to the Website and/or terminate your access to any Services.
By using our Services, you agree to indemnify, hold harmless and defend NeQter and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
Unless otherwise noted, all Content contained on this Website is the property of NeQter and/or its affiliates, or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Submitted Content under these Terms of Service, however, Submitted Content posted through our Services may be made publicly accessible through our Website. By submitting such Submitted Content, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, or display such Content, subject to the terms of our Privacy Policy. This license shall remain in effect until we delete the Content or Submitted Content from our systems.
In an effort to protect the rights of copyright owners, we retain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
ALL CONTENT, SUBMITTED CONTENT, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NEQTER DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR SENDING AUTOMATED EMAILS OR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER NEQTER NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT BETWEEN USERS. NEQTER AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
(a) Disclaimer. IN NO EVENT SHALL NEQTER BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, SUBMITTED CONTENT, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NEQTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR NEQTER MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ALL RIGHTS TO BRING ANY CLAIMS RELATED TO THESE TERMS OF SERVICE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
