NebuAd Site Terms of Use
Effective Date: August 8, 2007
This website, www.nebuad.com (the “Site”) is brought to you by NebuAd, Inc. (“we” or “us”). By visiting and/or using the Site, you agree to these Terms of Use. If you do not agree to them, please do not visit or use the Site. We may revise these Terms of Use from time to time. When we do, we will post the change(s) on the Site. If we change the Terms of Use in a material way, we will provide appropriate online notice to you.
Your Conduct
Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy. By using the Site, you agree not to send or transmit any material that: (1) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site; or (2) may give rise to liability or violate any law. You also agree not to: (1) impersonate any other person while using the Site; (2) use the Site for any unlawful purpose; or (3) use the Site to solicit others without our express prior written permission.
Use of Information Submitted
You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
Termination
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party.
Copyright
The entire content of the Site, including but not limited to text, graphics and code, is the property of NebuAd, Inc. Copyright 2007, NebuAd, Inc. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Site content is strictly prohibited, unless authorized by us in writing.
Trademarks
All trademarks, service marks and trade names of NebuAd, Inc. used on the Site are trademarks or registered trademarks of NebuAd, Inc. in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PRESENT THE SITE “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no liability or responsibility for any errors or omissions on the Site; any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site; or any conduct by other users of the Site. We reserve the right to deliver the Site in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL NEBUAD, INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold NebuAd, Inc., its shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Site or your violation of these Terms of Use, any law or the rights of any third party.
Electronic Notices
By using the Site, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third-Party Links
For your convenience, the Site may link to websites operated by third parties. We have no control over these linked sites, all of which have their own terms of use and privacy practices.
Disputes
Your use of the Site shall be governed by the laws of the State of California, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Santa Clara County, California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and NebuAd, Inc. with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms of Use, please contact us at: [email protected].
NebuAd Inc.
901 Marshall Street
Second Floor
Redwood City, CA 94063-2026
Phone: 650-421-7000 Fax: 650-421-7001