TERMS AND CONDITIONS GOVERNING THE WEB SITE
By using this web site (the “Web Site”) you agree with NextCorp Capital Management (“NCM”) and BURGHER HAGGARD (BH), NCM/BH collectively, to comply with and be bound by the following terms and conditions (the “Agreement”), which NCM/BH may change at any time.
PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, do not use the Web Site. Use of the Web Site is limited to individuals who can form legally binding contracts under applicable law.
1. Copyright and Trademarks
Copyright 2006-2013 NCM/BH, a Texas Corporation. All rights reserved. NextCorp Capital Management, Burgher Haggard, and BURGHER HAGGARD are servicemarks or registered trademarks of NCM/BH in the United States and/or other countries. These marks are proprietary to NCM/BH, and may not be used in connection with any service or products other than those provided by NCM/BH, in any manner that is likely to cause confusion among customers, donors, and supported organization, or in any manner that disparages or discredits NCM/BH.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Web Site, and any of the foregoing sent to you by e-mail or other means (collectively, the “Web Site Content”) are proprietary to us or to third parties.
You may view, download, and print the Web Site Content subject to the following conditions: (i) you may only download and print the Web Site Content in limited quantities as required to evaluate whether the goods and services of NCM/BH are appropriate for your use; (ii) you may not modify the Web Site Content; (iii) any displays or print outs of the Web Site Content must be marked “Copyright 2006-2013 NCM/BH. All rights reserved.”; and (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Web Site Content. Except as expressly permitted above, copying, modifying reproduction, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Web Site Content, or any portion of the Web Site Content, is strictly prohibited without the prior written permission of NCM/BH.
Any software used on the Web Site is proprietary to us or to third parties, and except as may be required for the uses described in the foregoing paragraph, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
You agree, and represent and warrant, that your use or other exploitation of the Web Site and the Web Site Content, or any portion thereof, will be consistent with the foregoing and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Web Site, the Web Site Content and your use of them, and you will be solely responsible for your own individual violations of any of them.
2. Links to Third Party Web Sites
The Web Site contains links to third-party web sites. The linked web sites are not under our control, and we are not responsible for the contents of any linked site or any further link contained in a linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by NCM/BH. Nor does any link on the Web Site imply endorsement of, sponsorship of, or affiliation with NCM/BH by the party to who’s site the link instantiates.
3. User Submissions
You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including without limitation, copyright, trademark, or trade secret. NCM/BH may, but is not obligated to, monitor or review any areas on this Web Site where users transmit or post Communications. NCM/BH will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, and obscenity or otherwise.
4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
NCM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEB SITE AND THE WEB SITE CONTENT. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED IN “AS IS” CONDITION, AND NCM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, (II) THAT THE WEB SITE AND THE WEB SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT, (IV) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEB SITE OR THE WEB SITE CONTENT AND (V) AS TO ANY LINKED SITE OR ITS CONTENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCM/BH OR THROUGH THE WEB SITE OR WEB SITE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU USE THE WEB SITE AND THE WEB SITE CONTENT AT YOUR OWN RISK, AND NCM/BH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT, INCLUDING ANY ALLEGATION OR CLAIM THAT NCM/BH HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM NCM ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR WEB SITE CONTENT, EVEN IF NCM HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Your Indemnity of NCM/BH; Termination of Use
You agree to indemnify and hold NCM/BH harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Web Site or Web Site Content. For any indemnified matter, NCM/BH will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with NCM/BH in such matter.
NCM/BH may, at its option, terminate any person or entity’s access to any or all of the Web Site upon any breach of the terms and conditions of this Agreement or for any other use of the Web Site which it deems improper in its sole discretion.
We value the privacy of visitors to our site and our clients’ information. NCM/BH does not sell or release personal information and will never willfully disclose individually identifiable information to any third party without first receiving that person’s permission.
The following information describes how we protect your information and private data.
Forms-based Information Requests
In order to receive certain information from the NCM/BH, a visitor must first complete one of a number of request forms. During submission, the individual is required to give his/her contact information (such as name and email address). This information may be used to contact the individual about the solutions or services on our site for which they have expressed interest. Registered site users may occasionally receive communication about new products, services, or events. You may also choose to sign up to receive our email newsletter. All email communication from NCM/BH will contain instructions of how to opt-out from receiving future promotions, newsletters, or announcements.
We occasionally request feedback information about NCM/BH services and programs. You may provide this information voluntarily. We also occasionally request information in order for you to take part in special training and event opportunities to learn more about our services and programs. NCM/BH uses collected information in order to create the best service for our donors, partner organizations, and supported businesses and organizations.
Web Server Access Logs
Like most public Web sites, our Web servers record your IP address, source URL and time and date of your visit. This information is used primarily to plan for system capacity and monitor usage of NCM/BH programs and services.
Physical System Security
If you have any questions regarding this privacy statement, you can email email@example.com or fill out our Contact Form for more information.
7. Applicable Law and Jurisdiction
The Web Site (excluding links) is controlled by NCM/BH and operated by NCM/BH, in Texas, via third-party ISP services located in Virginia, USA. Because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Texas or Arizona and from each other, and as you and NCM/BH both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Web Site, by using the Web Site you and NCM/BH agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the substantive laws of Texas, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Web Site will be heard and resolved in the courts in Tarrant County, Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Web Site from locations other than Tarrant County, Texas you will be responsible for compliance with all local laws of any such other location.
No delay or omission by NCM/BH in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by NCM/BH of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof. As used in this Agreement, “including” means “including but not limited to.” The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and NCM/BH regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
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