AGREEMENT BETWEEN USER AND NeoCertified LLC.,
The NeoCertified LLC.,Web Site is comprised of various Web pages operated by NeoCertified LLC.,.
The NeoCertified LLC.,Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the NeoCertified LLC.,Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
NeoCertified LLC.,reserves the right to change the terms, conditions,
and notices under which the NeoCertified LLC.,Web Site is offered,
including but not limited to the charges associated with the use of the
NeoCertified LLC.,Web Site.
LINKS TO THIRD PARTY SITES
The NeoCertified LLC.,Web Site may contain links to other Web Sites
(“Linked Sites”). The Linked Sites are not under the control of
NeoCertified LLC.,and NeoCertified LLC.,is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
NeoCertified LLC.,is not responsible for webcasting or any other form of
transmission received from any Linked Site. NeoCertified LLC.,is
providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by NeoCertified LLC.,of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NeoCertified LLC.,Web Site, you
warrant to NeoCertified LLC.,that you will not use the NeoCertified
LLC.,Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the NeoCertified
LLC.,Web Site in any manner which could damage, disable, overburden, or
impair the NeoCertified LLC.,Web Site or interfere with any other
party’s use and enjoyment of the NeoCertified LLC.,Web Site. You may not
obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the
NeoCertified LLC.,Web Sites.
USE OF COMMUNICATION SERVICES
The NeoCertified LLC.,Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group
(collectively, “Communication Services”), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
NeoCertified LLC.,has no obligation to monitor the Communication
Services. However, NeoCertified LLC.,reserves the right to review
materials posted to a Communication Service and to remove any materials
in its sole discretion. NeoCertified LLC.,reserves the right to
terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
NeoCertified LLC.,reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in
NeoCertified LLC.,’s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. NeoCertified LLC.,does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, NeoCertified LLC.,specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized NeoCertified LLC.,spokespersons, and their views do not
necessarily reflect those of NeoCertified LLC.,.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO NeoCertified LLC.,OR POSTED AT ANY NeoCertified LLC.,WEB SITE
NeoCertified LLC.,does not claim ownership of the materials you
provide to NeoCertified LLC.,(including feedback and suggestions) or
post, upload, input or submit to any NeoCertified LLC.,Web Site or its
associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are
granting NeoCertified LLC.,, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. NeoCertified LLC.,is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in NeoCertified LLC.,’s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE NeoCertified LLC.,WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. NeoCertified LLC.,AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE NeoCertified LLC.,WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE NeoCertified LLC.,WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
NeoCertified LLC.,AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE NeoCertified LLC.,WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”
WITHOUT WARRANTY OR CONDITION OF ANY KIND. NeoCertified LLC.,AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
NeoCertified LLC.,AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE NeoCertified LLC.,WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE NeoCertified LLC.,WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
NeoCertified LLC.,WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
NeoCertified LLC.,WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF NeoCertified LLC.,OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
NeoCertified LLC.,WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NeoCertified LLC.,WEB
SITE.
SERVICE CONTACT : support@neocertified.com
TERMINATION/ACCESS RESTRICTION
NeoCertified LLC.,reserves the right, in its sole discretion,
to terminate your access to the NeoCertified LLC.,Web Site and the
related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Colorado, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in Arapahoe
County, Colorado, U.S.A. in all disputes arising out of or relating to
the use of the NeoCertified LLC.,Web Site. Use of the NeoCertified
LLC.,Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
NeoCertified LLC.,as a result of this agreement or use of the
NeoCertified LLC.,Web Site. NeoCertified LLC.,’s performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of NeoCertified LLC.,’s
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the NeoCertified LLC.,Web Site or
information provided to or gathered by NeoCertified LLC.,with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and NeoCertified LLC.,with respect
to the NeoCertified LLC.,Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and NeoCertified LLC.,with respect to the
NeoCertified LLC.,Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the NeoCertified LLC.,Web Site are: Copyright © 2010
NeoCertified LLC.,and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider’s Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE.
Privacy Statement
We respect your privacy and we do not re-sell our prospects or
customer’s names and/or email addresses nor do we share that information
with any company, organization or individual. Additionally, all
NeoCertified employees must successfully pass a background check by the
Colorado Bureau of Investigation before they are employed by
NeoCertified and the same background check is completed on each employee
every year.