In order to use the NWF Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the NWF Site is not intended for children under 13. If you are using or opening an account on the NWF Site on behalf of a company, entity, or organization (each, a Subscribing Organization), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Modification of the Terms
NWF reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will provide at least 30 days notice via email or by posting on the NWF Site, prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. Please check these Terms periodically for changes. Your continued use of the NWF Site after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the new Terms, you are no longer authorized to use the NWF Site.
4. NWF Site Access
NWF grants you permission to use the NWF Site as set forth in these Terms, provided that and for so long as (i) you use the NWF Site solely for your personal use; (ii) except as expressly permitted or indicated in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the NWF Site in any medium without NWF’s prior written authorization; (iii) you do not alter or modify any part of the NWF Site other than as may be reasonably necessary to use the NWF Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The NWF Site is controlled and offered by NWF from its facilities in the United States of America. NWF makes no representations that the NWF Site is appropriate or available for use in other locations. If you are accessing or using the NWF Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
5. Ownership; Proprietary Rights
As between the Parties, the NWF Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, NWF trademarks and logos, and all other elements of the NWF Site that are provided by NWF (NWF Materials) are owned and/or licensed by NWF. NWF Materials do not include Non-NWF Content (as defined below). Except as expressly authorized by NWF, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the NWF Site or the NWF Materials. NWF reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the NWF Materials, except for the limited rights set forth in these Terms. NWF makes no representations or warranties as to the accuracy or completeness of any NWF Materials.
6. User Submissions
7. Non-NWF Content Disclaimer
You understand that when using the NWF Site you will be exposed to User Submissions and other third party content or information (together the Non-NWF Content) from a variety of sources, and that you may be exposed to Non-NWF Content that is inaccurate, offensive, indecent, or otherwise objectionable. NWF does not endorse any Non-NWF Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will NWF be liable in any way for or in connection with the Non-NWF Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-NWF Content, any intellectual property infringement with regard to any Non-NWF Content, or for any loss or damage of any kind incurred as a result of the use of any Non-NWF Content posted, emailed or otherwise displayed, communicated, transmitted through or in connection with the NWF Site, including any information provided by any participant in the NWF educational program.
8. Non-Monitoring of Users and Non-NWF Content
You understand that you, and not NWF, are entirely responsible for all User Submissions that you upload, post, email, transmit or otherwise make available through the NWF Site. NWF does not control the Non-NWF Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Non-NWF Content for any purpose. If at any time, NWF chooses, in its sole discretion, to monitor the Non-NWF Content, NWF nonetheless assumes no responsibility for the Non-NWF Content, no obligation to modify or remove any inappropriate Non-NWF Content, and no responsibility for the conduct of the user submitting any such Non-NWF Content. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Non-NWF Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Submission or other Non-NWF Content.
9. Removal of Non-NWF Content
NWF and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-NWF Content that is available on the NWF Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
10. Account Information
If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify NWF at firstname.lastname@example.org You may be liable for the losses incurred by NWF or others due to any unauthorized use of your account.
12. Prohibited Uses of the NWF Site
13. Registered Users
Premium Content is for the private, non-commercial enjoyment of Registered Users only. Any other use is strictly prohibited. If you are a Registered User, you agree not to copy, publish, or in any way make available Premium Content to non-Registered Users. To prevent access by multiple users sharing one Registered User’s account, NWF reserves the right to limit access for each Registered User to a fixed number of physical locations or machines or to a specific number of simultaneous logins.
14. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NWF Site are solely between you and such advertiser. YOU AGREE THAT NWF WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE NWF SITE.
15. Links and Third Party Websites
NWF or third parties may provide links on the NWF Site to other sites including the content therein (Reference Sites). NWF has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the NWF Site. NWF provides links to you only as a convenience, and the inclusion of any link on the NWF Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the NWF Site. You acknowledge and agree that NWF 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 Reference Sites or content. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
16. Availability of Service
NWF may make changes to or discontinue any of the media, content, or services available within the NWF Site or in connection with the NWF educational program at any time, and without notice. The media, content or services on the NWF Site may be out of date, and NWF makes no commitment to update these materials on the NWF Site.
17. User Disagreements
You are solely responsible for your involvement with other users of the NWF Site. NWF reserves the right, but has no obligation, to monitor disagreements between you and other users. NWF DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
19. Indemnification; Hold Harmless
You agree to indemnify and hold harmless NWF, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the NWF Site; (ii) your User Submissions, including NWF’s use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by NWF. NWF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of NWF. NWF will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
20. Disclaimers; No Warranties
21. Limitation of Liability and Damages
22. Limitations by Applicable Law; Basis of the Bargain
23. Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any User Submission or other Non-NWF Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent at email@example.com with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
25. Entire Agreement
These terms and any applicable written agreement executed by you and NWF in connection with the NWF educational program constitute the entire agreement between you and NWF relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by NWF as set forth in Section 3 above.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE NWF SITE OR THE NWF EDUCATIONAL PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by Nxt Wave Founders® Inc, located at 3905 Tampa Road, P.O. Box 486, Oldsmar, FL 34677. If you have any questions about these Terms please contact us at: firstname.lastname@example.org.
Last Updated: April 24, 2020.
Nxt Wave Founders® INC. is a charitable organization organized and operated exclusively for exempt purposes set forth in section 501(c)(3) of the IRS. EIN: 84-3277794.
©2020 Nxt WaVE FOUNDERS, INC. - All Rights RESERVED.
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