Last modified: August 31, 2016

These Terms of Use govern your access to and use of www.nomissolutions.com and blog.nomissolutions.com (collectively the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use and our Privacy Policy, found at [https://www.nomissolutions.com/privacy-policy].  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site, Content or Services. Users of the Site must be at least 13 years of age or older.

 

Modification of Terms of Use

You acknowledge and agree that Nomis Solutions, Inc. (“Nomis Solutions”, “we” or “us”) may revise these Terms of Use from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site, Content and Services thereafter. By continuing to access or use the Site, Content, or Services after we make any such revision, you agree to be bound by the revised Terms of Use.

 

Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information.

 

Accessing the Site

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring all persons who assess the Site through your Internet connection are aware of these Terms of Use and comply with them. You are responsible for safeguarding any password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Nomis Solutions of any unauthorized use of your password. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated these Terms of Use. We also reserve the right to withdraw or amend this Site, any Content or any Service, in our sole discretion without notice.

 

Your Use of the Content

We authorize you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, or for legitimate business purposes relating to your role as a potential or current supplier, distributor or customer of Nomis Solutions, and not for further production, publication or distribution, subject to the restrictions set forth in these Terms of Use.

 

Nomis Solutions Property

All right, title, and interest in and to the Site, Content, and Services (including, but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are and will remain the exclusive property of Nomis Solutions and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, download, store (other than temporary storage of materials in RAM incidental to your accessing and viewing those materials or storage of files that are automatically cached to your web browser for display enhancement purposes), transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website, for any purpose. We respect the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent by means of regular mail at:  Nomis Solutions, Inc., Attn:  Copyright Designated Agent, 1111 Bayhill Drive, Suite 240, San Bruno, CA  94066. All such inquiries not received according to the following procedure will not receive a response.

 

General Prohibitions

You may use the Site, Content and Services only for lawful purposes and agree not to do any of the following while using the Site, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, discrimination, hatred or harm against any individual or group; (vi) harms another or infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
  • Access, tamper with, or use non-public areas of the Site, our computer systems or servers, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Nomis Solutions or other generally available third party web browsers (such as Microsoft Internet Explorer);
  • Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus (or Trojan horse, worm, logic bomb or other material which is malicious or technologically harmful), overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity, including any Nomis Solutions employee or Nomis Solutions.

Nomis Solutions will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Nomis Solutions may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Nomis Solutions has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, and that Nomis Solutions reserves the right to suspend or terminate any User’s access to the Site.

 

User Contributions

The Site may contain message boards, chat rooms, blogs, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with all content standards set out in these Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Nomis Solutions, have full responsibility for such content, including its legality, reliability, accurancy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site. We have the right to remove or refuse to post any User Contribution for any or no reason in our sole discretion.

 

Links

The Site may contain links to third-party websites or resources, which links are provided for your convenience only. You acknowledge and agree that Nomis Solutions is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nomis Solutions of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without express written consent. You must not link to any part of the Site other than the homepage or cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Notwithstanding the foregoing, the Site may contain social media features that enable you to link from your own or certain third party websites to certain content on this Site, send emails or other communications with certain content, or links to certain content, on this Site, or cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

 

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. Nomis Solutions reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Nomis Solutions also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

 

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Nomis Solutions will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

 

The Site is Available “AS-IS”

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ANY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NOMIS SOLUTIONS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. NOMIS SOLUTIONS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOMIS SOLUTIONS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOMIS SOLUTIONS THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnity

You agree to defend, indemnify, and hold harmless Nomis Solutions, its successors, assigns, officers, directors, employees, agents, licensors or service providers from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NOMIS SOLUTIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NOMIS SOLUTIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT NOMIS SOLUTIONS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NOMIS SOLUTIONS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

 

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of Nomis Solutions to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

 

Controlling Law and Jurisdiction

The owner of the Site is based in the State of California in the United States. We provide the Site for use by persons located in the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your place of residence. You waive any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Nomis Solutions and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Nomis Solutions and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact Nomis Solutions at contact@nomissolutions.com. You can also send your request to: Nomis Solutions, Inc., 1111 Bayhill Drive, Suite 240, San Bruno, CA 94066.

  

Trademarks

“Nomis Solutions” and the Nomis Solutions logo are trademarks of Nomis Solutions, Inc. You may not use such trademarks without our prior written permission. All other trademarks are the property of their respective owners.

Copyright © 2015 Nomis Solutions, Inc., 1111 Bayhill Drive, Suite 240, San Bruno, CA 94066. All rights reserved.