Builders of Intelligent Business Websites
Fully Integrated Web Design, Managed Hosting, Software Development, and Internet Marketing, for Small Businesses Since 1997
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE
Effective Date: June 25, 2008
Effective Date: June 25, 2008
- Parties. The parties to this Agreement are you, and the owner and operator of this Nbinteractive.com website, Nuts & Bolts Interactive, Inc. ("Nuts & Bolts"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean Nuts & Bolts Interactive.
- Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the "Terms of Use" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates.
- License And Restrictions. Subject to these Terms of Use and our Privacy Policy, you are granted limited, non-exclusive, revocable, non-transferable, worldwide rights to use the public areas of this site, only for your own internal business purposes. You are not authorized to access this site for purposes of monitoring its availability, performance, or functionality, or to derive product/service listings, prices, specifications, or benchmarks for competitive purposes. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; (iii) except for linking to this sites home page, create Internet links to the site, its services or content, or (iv) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
- Posting To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
- Defamation; Communications Decency Act Notice. This site is a provider of interactive computer services under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
- Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this sites home page.
- USA Patriot Act Notice. The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
- Separate Agreements. You may acquire products, services and/or content from this site, and your purchase and use of such products, services and/or content will be governed by these Terms of Use and/or by any separate written agreement signed by the parties and/or separate agreement originating from this site.
- Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by us or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.
- Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet "service provider under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Nuts & Bolts Interactive, Inc.
PO Box 1841
Wheaton, MD, 20915
Agent's Name/Email Address: Ryan Chapin, click here to send Ryan an e-mail regarding any claim
Telephone: 301-946-5400
Facsimile: 301-946-5400
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. - Accuracy of Information and Disclaimer of Warranty. We have made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this site, products, services, and/or content on this site is provided as is, and neither we nor our representatives make any representation or warranty with respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, WE AND OUR REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- Limitation of Liability. Under no circumstances will we or our affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its services, information or content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.
- Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to any page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use the our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission.
- Links to Third Party Websites. We do not review or control third party websites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites terms of use.
- Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site ("Advertisers"). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
- Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering page(s) for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Nuts & Bolts Interactive, Inc.
PO Box 1841
Wheaton, MD, 20915
Agent's Name/Email Address: Ryan Chapin, click here to send Ryan an e-mail regarding any complaint or inquiry
Telephone: 301-946-5400
Facsimile: 301-946-5400
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254. - Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrators decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Bethesda, Maryland, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Maryland, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
- Jurisdiction And Venue. The courts of Montgomery County in the State of Maryland, USA and the nearest U.S. District Court in the State of Maryland shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
- Controlling Law. This Agreement shall be construed under the laws of the State of Maryland, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Location of Our Servers. This sites servers will be located only in the United States.
- Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
- Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
TERMS OF USE CHANGES AND UPDATES:
- 2006-06-25: First draft of Terms of Use posted.
© Copyright 1997 - 2010 Nuts & Bolts Interactive, Inc., All Rights Reserved
P.O. Box 1841, Silver Spring, MD 20915 301-946-5400
