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Last Updated September 3, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Terms of Service ("Terms") apply to your access to and use of the NEVADATA website, emails, subscriptions, and other communications (collectively, the "Site") provided by NEVADATA, LLC ("NEVADATA" "we," or "us"). By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.

If you have any questions about these Terms or our Site, please contact us at info@nevadata.com

1. Privacy
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2. Use of Site and Site Materials
The Site and the documents, content, and other materials available through this Site (the "Site Materials") are owned by NEVADATA. Except as explicitly stated in these Terms, all rights in and to the Site and the Site Materials are reserved by us, and may be used solely as authorized in these Terms. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein. The Site and the Site Materials are provided on an "AS IS," "AS AVAILABLE" basis without warranty or liability of any kind.

We give you permission to use the Site Materials as part of the subscription service.

The license we give you is:

  • non-exclusive, which means that we can license the Site Materials to others
  • non-assignable, which means you're not allowed to assign the license to anyone else

You may not copy, modify, distribute, sell, or lease any part of our services or the Site Materials without the written consent of NEVADATA.

3. Prohibited Conduct and Content
You are solely responsible for your use of the Site and use it at your own risk. You shall not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • 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;
  • Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, advertising or solicitations;
  • Private or personal information of a third party without such third party's consent;
  • Viruses, corrupted data, or other harmful, disruptive or destructive files or content; or
  • Content that, in our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or may expose us or our users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while accessing or using our Site, and you agree that you will not do any of the following in connection with our Site or its users:

  • Use our Site other than for their intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Use or attempt to use another user's account without authorization from us and that user;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Engage in any stalking, intimidating, threatening, predatory or otherwise harassing conduct or cause discomfort to other users;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
  • Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Site;
  • Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Site without our prior written consent;
  • Bypass or ignore instructions contained in our robots.txt file;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters or pyramid schemes;
  • Send any unsolicited commercial messages;
  • Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any illegal activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features that we may from time to time adopt to protect our Services, our users or third parties.

4. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless NEVADATA and its consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the "Indemnified Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your use of any Site Materials; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site or the Site Materials. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party's sole option, of any third-party Claims.

5. Disclaimers
Your use of our Site and Site Materials is at your sole risk. Except as otherwise provided in a writing by us, our Site and any Site Materials contained therein are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, NEVADATA does not represent or warrant that our Site and Site Materials are accurate, complete, effective, reliable, current, enforceable, compliant, or error-free. We cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality, effectiveness, accuracy, and performance of the Site and the Site Materials.

6. Limitation of Liability
To the fullest extent permitted by applicable law, NEVADATA and its consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages.
The total liability of NEVADATA for any claim arising out of or relating to these Terms or our Site or Site Materials, regardless of the form of the action, is limited to $2,500.00.

7. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the Nevada, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of the State of Nevada and the United States, respectively, sitting in the District of Nevada.

8. Modifying and Terminating our Services
We reserve the right to suspend or stop providing all or portions of our Site or Site Materials if you materially or repeatedly breach these Terms, service-specific additional terms or policies. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site or our Site Materials.

9. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

10. Miscellaneous
The failure of NEVADATA to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.