This website is owned and operated by Network Designs, Inc. ("Network Designs"). These Terms of Use apply and govern your use of the Network Designs Website (www.netdes.com) (the "Site").
Acceptance of Terms
By accessing this Site, you (the "User") acknowledge that you have read and agree to be bound by the terms and conditions described below. If you do not agree to the terms discussed here, you should exit this Site now. Network Designs may revise these Terms of Use at any time without notice to you, and your continued use of the system constitutes the acceptance of the revised Terms of Use. Before using this Site, review the Privacy Policy posted on this Site.
Use of Website Information
All content and information (the "Content") contained on the Site is the sole property of Network Designs and is copyright protected. (Copyright Notice: "Copyright © 2005 Network Designs, Inc. All Rights Reserved"). You may view, copy, print or download documents and graphics (the "Documents") from the Site, as long as: (1) the Documents are to be used solely for personal, informational, educational or non-commercial purposes; (2) the Documents are not to be modified or altered in any way; and (3) copies of the Documents include Network Designs's copyright notice. Unless your use constitutes "fair use" under copyright law, you may not use, copy, print, display, download, upload, perform, reproduce, publish, post, transmit, distribute or license any information from the Site, in whole or in part, without the express written authorization of Network Designs.
All rights in and to the Documents not expressly granted herein are reserved. No commercial use of any of the Documents may be made, and no Documents may be sold, distributed, displayed, or modified without the express written consent of Network Designs. The works of authorship contained in the Site and in the domain "www.netdes.com," including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Network Designs, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use of otherwise used in whole or in part in any manner without the prior written consent of Network Designs. All rights are reserved by Network Designs, Inc.
Trademarks
Registered and/or pending trademarks of Network Designs are used throughout this Site, and use of the trademark symbols may be limited to only one or two prominent usages per page. You understand and agree that such notice is sufficient. All Network Designs trademarks and service marks are the sole property of Network Designs. You may not use any of these trademarks and service marks without the express written permission of Network Designs. These trademarks and service marks include but are not limited to the following:
Network Designs©, CustomerNetSM, The Virtual Office of Network DesignsSM, BITSII.comTM, ShowSpeakers.comTM
All other trademarks used in the software, documentation and/or other Content are the properties of their respective owners and are used for identification purposes only. If you have any question as to the ownership of any trademark, you are responsible for contacting Network Designs. (Contact information is provided at the end of this agreement.)
Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Network Designs. You must read the license agreement and indicate your agreement to its terms prior to downloading, installing or using any software from the Site. All rights, title and interest not expressly granted in such license are reserved to Network Designs.
Passwords and Security
You may be provided with one or more passwords to access the Site. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Network Designs immediately of any unauthorized use of your password(s).
Privacy
Network Designs is concerned about the security of any personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. It is the goal of Network Designs to balance the benefits of e-commerce with the right of individuals to prevent misuse of personal information. However, Network Designs will not be held liable for any unauthorized access to your personal information. Please read the Privacy Policy posted on this Site.
Links
While the Site may contain links to third-party sites, Network Designs is not responsible for the content of any linked sites. Network Designs provides these links as a convenience and does not necessarily endorse the companies or contents of any linked sites.
Disclaimer
While Network Designs attempts to provide accurate information on this Site, it assumes no responsibility for accuracy. Network Designs may change or update the content or information on the Site at any time without notice to you.
While reasonable effort is made with regard to downloadable files, you understand that Network Designs cannot and does not guarantee or warrant that the files available to downloading through this Site are free from viruses, worms or any other code that can manifest destructive capabilities or properties. You are fully responsible for implementing procedures to protect your data and for the restoration of any lost data. You assume total responsibility for your use of this Site and the Internet.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” BASIS. NETWORK DESIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NETWORK DESIGNS MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NETWORK DESIGNS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THIS SITE.
The information, products, and services included on or provided through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Network Designs may make improvements and/or changes in the Site at any time. NETWORK DESIGNS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND BY THEM. YOU HAVE EVALUATED THE DESIREABILITY OF USING THE SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.
Limitation of Liability
IN NO EVENT SHALL NETWORK DESIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE—OR THE INABILITY TO USE—THE MATERIAL ON THIS SITE. THIS INCLUDES, WITHOUT LIMITATION, THE LOSS OF PROFIT, REVENUE, DATA OR USE, INCURRED BY YOU OR A THIRD PARTY, EVEN IF NETWORK DESIGNS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU, THE USER, ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST NETWORK DESIGNS IS TO DISCONTINUE USING THE SITE.
Indemnity
You agree to defend, indemnify and hold harmless Network Designs, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys fees and costs, arising out of or in any way connected with your access to or use of the Site in connection with any claims of any nature related to your use of or access to the Site, including without limitation claims of damage to property, personal injury, product liability, copyright, trademark, patent or trade secret infringement, libel, defamation, invasion of pricy, fraud, or breach of confidentiality, arising out of the use of the Site.
Termination of Use
You agree that Network designs may, in its sole and arbitrary discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Network Designs.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of United States law.
Jurisdiction and Choice of Law
You agree that this agreement and all claims or issues regarding this Site, shall be governed according to the U.S. Federal law and the laws of the Commonwealth of Virginia. Any legal action or proceeding concerning these Terms or this Site shall be brought within one (1) year after the claim or cause of action arises and must be brought if a federal or state court in the Commonwealth of Virginia. You agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceeding.
Entire Agreement
These Terms of Use constitute the entire agreement between Network Designs and you with respect to your use of the Network Designs Site. If for any reason a court of competent jurisdiction finds any provision herein, or any portion thereof, to be unenforceable, the provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
Contact Information
If you have any questions regarding these Terms of Use or if you have any other questions regarding the Site, please contact Network Designs at info@netdes.com
