Term of Use
All copyrighted and copyrightable materials on this Site, including, without limitation, the NIS America logo, NIS America designs, text, graphics, pictures, software, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright ©2004 NIS America, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of NIS America or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for your personal use, non-commercial use, and informational use only; provided that, you may not, without the permission of NIS America or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials.
This Site includes discussion forums and interactive areas, including bulletin board services ("BBS"). The forums and interactive areas shall be used only for non-commercial purposes. By using the forums you agree not to do any of the following:
* Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
* Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
* Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless NIS America from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third-party.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL NIS AMERICA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.