Thank you for visiting our Web site. By accessing or using any areas of our Web site (www.nuvelinc.com and all related sites and servers operated by Nuvel Inc.), you are bound by the terms and conditions set forth below, as well as the terms of our Acceptable Use Policy and our Web Site Privacy Statement. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.
Permission to Use this Web Site
Many portions of this Web site are available for public viewing and use. You must register or enter into a separate agreement with Nuvel Inc. to access other portions of this Web site. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Nuvel Inc. grants you permission to do the following: (i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Web site to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use contact lists and e-mail links to which you have been granted access to interact with Nuvel Inc. in ways that do not violate our Acceptable Use Policy. Any other use of this Web site or its contents is prohibited without first obtaining written permission from Nuvel Inc.
Copyright, Trademarks and Other Proprietary Rights
This Web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Nuvel Inc., and/or its licensors or affiliates, and Nuvel Inc. and its licensors and affiliates reserve all rights with respect to this Web site’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.
Copyright 2010 Nuvel Inc. All rights reserved. Nuvel, the nuvel logo, Internet at a New Velocity, are either registered trademarks or trademarks of Nuvel Inc. in the United States and/or other countries. Other trademarks, product names, company names and logos appearing on this Web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this Web site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our Web site. We cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same.
You may not link to our Web site in any way that might lead others to believe that our Web site or any of its contents were created or are operated or offered by you or any party other than Nuvel Inc. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our Web site or any of its contents, nor may you place any text or other content on your Web site that states or implies that there is any association between you and Nuvel Inc.
You may not use any of Nuvel Inc.’s trade names, trademarks or any of the textual content of our Web site as metatags in your own Web site, unless we have granted you a license explicitly permitting you to do so.
Communication and Submissions via this Web Site
Whenever you communicate with Nuvel Inc. or others using this Web site, including its email links, your communications are non-confidential. Nuvel Inc. is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.
Account, Security and Password
If any of the products or services available to you on this Web site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nuvel Inc. immediately of any unauthorized use of your account or any other breach of security. Nuvel Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nuvel Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Third Party Statements and Opinions
Nuvel Inc. is not responsible for any opinions, advice or statements made by third parties that may be contained on our web site.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Nuvel Inc., AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, “AFFILIATES”), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND Nuvel Inc. PERTAINING TO Nuvel Inc.’S PRODUCTS OR SERVICES, NEITHER Nuvel Inc. NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF Nuvel Inc. AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WILL Nuvel Inc.’S AND ITS AFFILIATES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Nuvel Inc.’S AND ITS AFFILIATES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and Import Restrictions
This Web site is controlled and operated by Nuvel Inc. from its offices within the United States. Nuvel Inc. makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that Nuvel Inc. may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Nuvel Inc.