Terms of Use
Disclaimer and Terms of Use
This site is governed by certain terms and conditions. If you access this site (the “Site”) you are agreeing to be bound by and comply with the terms and conditions (the “Terms”) shown below.
General Terms
The Terms are to be read by you together with any terms, conditions or disclaimers provided in the other pages of the Site (the “Page Disclaimers”). In the event of any conflict between the Terms and the Page Disclaimers, the Page Disclaimers will govern.
All products and services of NeonBlue Web Services and its subsidiaries and affiliates that are described, made available or provided on the Site may be changed or withdrawn at any time without notice and are subject to the terms and conditions of the applicable agreements governing their use in addition to the Terms and Page Disclaimers. In the event that the Terms or Page Disclaimers are inconsistent with the terms of any agreement that you or your organization may have with NeonBlue Web Services or its subsidiaries and affiliates, the terms of that agreement will govern.
The information, material and content provided in the pages of the Site, including pricing information, (the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, and NeonBlue Web Services and its affiliates, subsidiaries, officers, directors, employees and agents have no obligation to update the Information. The Information or the Site may be changed, withdrawn or terminated at any time without notice.
Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and at least monthly, and your continued access or use of the Site will mean that you agree to any changes.
Any submission by you of an application, instruction or other request is subject to acceptance by NeonBlue Web Services and can be declined by NeonBlue Web Services.
Any submission by you of a comment is subject to acceptance by NeonBlue Web Services and can be declined or edited by NeonBlue Web Services.
No Warranties
NeonBlue Web Services provides the Site and the Information on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Trademarks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Site are trade names or trademarks owned by NeonBlue Web Services or its subsidiaries or affiliates, or trade names or trademarks licensed to them. Subsidiaries and affiliates of NeonBlue Web Services are licensed to use the trademarks owned by NeonBlue Web Services. Nothing contained in the Terms shall be construed as conferring by implication or otherwise any license or right of any kind, including any license or right under any copyright, patent, trademark or other intellectual property right of NeonBlue Web Services or any other person or entity. The Information is for your personal use only. You may download or copy the contents of the Site or other downloaded items for personal use only. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the Site may be a violation of any federal or other law that may apply to trademarks and/or copyrights and could subject the copier to legal action. The Information is protected under the copyright laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information.
Internet E-mail
Any unprotected e-mail communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send any confidential, proprietary or sensitive information via this medium. NeonBlue Web Services is not responsible for and will not be liable to you or any one else for any damages in connection with an e-mail sent by you to NeonBlue Web Services, or an e-mail sent by NeonBlue Web Services to you.
No Liability
NeonBlue Web Services is not responsible for and will not be liable to you or anyone else for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Site or the Information, or your access to or use of, or inability to access or use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any errors in or omissions from the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if NeonBlue Web Services has been advised of the possibility of these damages.
Links
Links from or to web sites outside the Site, including links to Other NeonBlue Web Services Sites, are for convenience only. NeonBlue Web Services does not review or control, and is not responsible for, any web sites linked from or to the Site, the content of those web sites, the privacy practices of those web sites, the third parties named therein, or their products and services.
Jurisdiction
The Site is administered by NeonBlue Web Services from its offices in the United States of America. The Site, the Information, the Terms and the Page Disclaimers will be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site, the Information, the Page Disclaimers or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the State of California. You submit and attorn to the exclusive jurisdiction of the courts of the State of California to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, the Information, the Page Disclaimers and the Terms.
