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NECS® Terms of Use

These terms of use, including all linked to or referenced documents and resources (the "Agreement"), governs Your (defined below) use of our website (“Site”). Our Site is available for Your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. YOUR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS SITE.

1. USER ELIGIBILITY The Site is provided by NECS® and available only to entities and people who can form legally binding agreements under applicable law (referenced hereafter as "You," “Your” or "User"). If You do not qualify, do not use the Site.

2. DESCRIPTION OF SITE NECS® provides Users with on-line access to information regarding NECS® products and services, and with access to information NECS® may be maintaining on their behalf. NECS® may also provide new features or information on the Site, which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SITE AS WELL AS OUR PRODUCTS AND SERVICES ARE PROVIDED “AS-IS”, WITHOUT WARRANTY. NECS® ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MISDELIVERY OF ANY INFORMATION OR ANY PERSONALIZED SETTINGS.

3. INFORMATION NECS® reserves the right to discontinue the sale of any service or product listed on this Site at any time without notice. Items and services prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. While Our goal is a 100% error-free Site, We do not guarantee that any content is accurate or complete, including price information and product specifications. If We discover price errors, they will be corrected on Our systems. NECS® reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

4. GENERAL PRACTICES REGARDING USE You acknowledge and agree that NECS® may establish general practices and limits concerning the use of the Site, including without limitation, restrictions on accessing the Site in any given period of time. You agree that NECS® has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site. You acknowledge that NECS® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accordance with the terms herein.

5. LICENSE AND SITE ACCESS NECS® grants You a limited personal, nontransferable, nonsublicenseable, revocable world wide license to access and make personal use or non-commercial use within Your organization, of the Site. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NECS® and Our affiliates without Our prior express written consent.

6. YOUR OBLIGATIONS In consideration for Your use of the Site, You agree that if You decide to send us Your information, e-mail us, order Our products or services or call us with information about You, You will provide true, accurate, current and complete information about Yourself and your Company (“Your Information”).

7. RESTRICTIONS ON USE All pages within the Site and any materials made available on these pages for downloading are the property of NECS® and/or its affiliates or other third parties. The Site and portions of the Site are protected by federal and international copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Site that are viewed, downloaded or otherwise accessed by You. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end user license agreements. You may not input or upload to the Site any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Site or its contents or that infringes the Intellectual Property (defined hereafter) rights of another. Any rights not expressly granted by these Terms and Conditions are reserved by NECS®.

8. SYSTEM INTEGRITY You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on the system providing the Site.

9. DISCLOSURE OF CONTENT/MONITORING Although NECS® has no obligation to monitor any information provided to the Site by its Users, including without limitation, Your Information, it reserves the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of NECS®, its Users or the public.

10. INTELLECTUAL PROPERTY OWNERSHIP Any and all intellectual property rights associated with the Site including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of NECS®, or third parties. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without NECS® or the appropriate third party’s prior written permission. Except as provided herein, NECS® does not grant to You any express or implied rights to NECS® or any third party’s Intellectual Property. Any rights associated with the content of the Site, which is transmitted, downloaded, or otherwise processed by NECS®, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content except as set forth in Section 5.

11. LIMITATION OF LIABILITY NECS®, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, ITS CONTENT, YOUR INFORMATION, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR ANY HYPERLINKED WEBSITE IS TO STOP USING THE SITE. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. PRIVACY POLICY Your Information and certain other information about You is subject to Our Privacy Policy. For more information, please read Our Privacy Policy. You should be aware that websites linked to the Site are likely governed by confidentiality and privacy provisions that differ from the provisions governing the Site. NECS® is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. NECS® hereby incorporates herein, by this reference, the NECS® Privacy Policy into the terms of this Agreement.

13. MODIFICATIONS NECS® may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Site, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, We encourage You to visit the Site from time to time to review the current version of the Agreement.

14. TERMINATION You agree that NECS®, in its sole discretion, may terminate Your use of the Site, and remove and discard any content within the Site, for any reason. NECS® may also, in its sole discretion, at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site under any provision of this Agreement may be effected without prior notice. Further, You agree that NECS® shall not be liable to You or any third party for any termination of Your access to the Site.

15. LINKS The Site may provide or include links to other World Wide Web sites or resources. Because NECS® has no control over such sites and resources, You acknowledge and agree that NECS® is not responsible for the availability of such external site, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NECS® SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. NECS® prohibits caching of any portion of the Site and any unauthorized hypertext links to the Site. NECS reserves the right to disable any unauthorized links or frames. If You desire to provide a hyperlink from Your Website to the Site, You must contact NECS® to discuss mutually agreeable terms for such hyperlink.

16. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between You and NECS® with respect to use of the Site, superceding any other agreement between You and NECS®. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive. This Agreement shall be construed and enforced in accordance with the laws of the State of Indiana without reference to conflict of laws principles, and shall be deemed to be executed in Indiana, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the State of Indiana and in no other jurisdiction. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.