[Please
read this Agreement before using the NEBA website]
By using NEBA's
website (the "Website") you agree to the terms and conditions below.
If you do not agree to these terms, please do not use the Website.
Responsibility
for Content
If you post material
to this Website, you represent that such material is owned by you or
used with permission of the copyright holder. You grant to NEBA a royalty-free,
perpetual, non-exclusive right to use, and to authorize others to use,
this material in all forms and media throughout the world. You agree
not to post or transmit material that is libelous, defamatory, obscene,
fraudulent, harmful, threatening, abusive or hateful, that contains
nudity or pornography, that violates the property rights of others
(including without limitation infringing use of a copyright or trademark),
that violates the privacy or publicity right of others, or that is
in violation of applicable laws. You may not use the Website to advertise
or sell products or services to others.
NEBA has no responsibility
for the content of any material posted by users of the Website. If
any user violates this Agreement, however, or if NEBA believes in good
faith that any portion of the material a user posts to the Website
infringes any copyrights or proprietary rights, or is otherwise inappropriate
in NEBA's sole discretion, NEBA reserves the right in its sole discretion
to edit or delete in whole or in part such posted material. Posted
messages, participation in forums and chat rooms, and any other user
posted content contain the opinions and views of the individual Website
user, not necessarily the views of NEBA, and NEBA is not responsible
for their content.
Proprietary
Rights
The Website, including
all materials posted by NEBA, and the organization and layout of the
Website, is owned and copyrighted by NEBA and may be accessed, downloaded
or printed for personal, non-commercial use only. Without the prior
written permission of NEBA you may not copy, distribute, or transfer
any material on the Website in whole or in part, except as specifically
provided herein.
Links
to Other Web Sites
NEBA may include
links to other Internet sites solely as a convenience. NEBA does not
necessarily endorse any such sites or the information, material, products
or services contained on or accessible through the sites, and you access
and use such sites, including information, material, products and services
therein, solely at your own risk.
DISCLAIMER
OF WARRANTY
NEBA DISCLAIMS
ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION,
SERVICES, AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES,
AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES OR WORMS CONTAINED WITHIN THE ELECTRONIC FILES OR AT NEBA
IS DISCLAIMED. NEBA IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING
FROM NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR ANY OTHER REASONS.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL
NEBA BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY,
RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE,
NEBA'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT
OF DEFECTIVE GOODS, OR, AT NEBA'S ELECTION, TO THE REPAYMENT OR CREDITING
OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. SOME
STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.
Changes
to the Agreement
NEBA may make
improvements or changes in the information, services, products, and
other materials on the Website, or terminate the Website, at any time
without notice. NEBA may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting of the modified
agreement.
Entire
Agreement
This Agreement
constitutes the entire and only agreement between NEBA and you and
may not be modified except in writing signed by both parties.
General
This agreement
and the resolution of any dispute related to this Agreement shall be
governed by and construed in accordance with the laws of the Commonwealth
of Massachusetts, without giving effect to any principles of conflicts
of law. Any legal action or proceeding between the parties related
to this Agreement shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Massachusetts.
All trademarks
are the property of NEBA or their respective owners.
Please refer to
NEBA's Privacy Policy for further
information on NEBA's commitment to privacy on its website.