Terms and Conditions

The Nuvosa Web site (www.Nuvosa.com) is available to you conditioned upon your acceptance, without modification of the terms, conditions and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions and notices. Your use of the Web Site and products or services may be subject to additional terms outlined elsewhere on the Web Site and in any other agreement between you and Nuvosa.

 

Copyright

 

All content available at the Web Site, such as text, data, graphics, logos, button icons, images, audio clips, video clips and/or other content (collectively, “Content”), is the property of Nuvosa and/or its affiliates and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of Nuvosa and protected by U.S. and international copyright laws. Nuvosa reserves the right to remove all Content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such Content), or for no reason at all. Any and all software used or provided by Nuvosa in connection with this site is the property of Nuvosa and is protected by U.S. and international copyright laws. The Content and the software may be used only for your personal resource and subject to the terms and conditions set forth herein and any other agreement between you and Nuvosa. Any other use, unless otherwise authorized in writing by Nuvosa, including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

 

Copyright Notice

 

Copyright © 2011 Nuvosa. All Rights Reserved.

 

Trademarks

 

Nuvosa is a trademark of Imperium Corporation and the Nuvosa logos and other such related graphics, logos, and service names are trademarks of Imperium Corporation. Nuvosa’s trademarks may not be used in connection with any product or service that is not Nuvosa’s; in any manner that is likely to cause confusion among customers or the public; or in any manner that disparages or discredits Nuvosa.

 

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Reservation of Rights

 

Except as expressly and unambiguously provided herein, Nuvosa and its affiliates do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.

 

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Use of Site

 

This Web Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Nuvosa in a writing signed by an executive of the company. Nuvosa and its affiliates reserve the right to refuse service, terminate accounts, deny access to the Web Site, and/or cancel orders in its discretion, including, without limitation, if Nuvosa believes that customer conduct violates applicable law or is harmful to the interests of Nuvosa and its affiliates.

 

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User and Customer Submissions

 

If you provide any testimonial or otherwise transmit or post any content, information, review or comment on the Web Site, you grant Nuvosa and sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to fully exploit, make, use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, distribute, and display such content, information, reviews and comments throughout the world in any media. You also grant Nuvosa and sub-licensees the right to use the name that you submit with any content, information, review or comment, if any, in connection with such content, information, review or comment. You warrant, represent and agree that nothing you transmit or post will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Nuvosa reserves the right to remove anything you transmit or post at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities or if Nuvosa is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

 

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Web Site Use Disclaimer

 

By using the Web Site and Internet in general, you and your personal information may be subject to various risks, including without limitation: exposure to contaminated files, security breaches, objectionable material and/or images, harassment, fraud, hacking, spamming, eavesdropping, viruses, worms and Trojan horses all of which may have a damaging or harmful effect on your computer. This is not intended to be an exhaustive list of all such risks that you may be exposing yourself to but should you wish not to be subjected to these risks, you are advised not to use the Web Site.

 

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General Disclaimer

 

THIS SITE IS PROVIDED BY Nuvosa ON AN “AS IS” BASIS. Nuvosa AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Nuvosa DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Nuvosa AND ITS AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

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LIMITATION ON LIABILITY

 

Nuvosa WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

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Indemnification of Nuvosa

 

You agree to indemnify and hold Nuvosa, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on Nuvosa, (b) your connection to our Web Site, (c) your violation of this Agreement, or (d) your violation of any rights of another party.

 

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Changes to the Web Site/Updates/Terms

 

Nuvosa may make changes to the Web Site, Content, software, services, or the products provided by Nuvosa and/or its affiliates and suppliers, at any time without notice. Nuvosa makes no commitment to update Content, software, services or Products. Nuvosa reserves the right to make changes to its Web Site and these disclaimers, terms, and conditions at any time. Your access or use of the Web Site, Content, software or services subsequent to such a change will signify your asset to be bound by such changes.

 

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Applicable Law

 

This site is created and controlled by Nuvosa in the State of Kansas, USA. As such, the laws of the State of Kansas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

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