The terms and conditions set forth in this document apply to all visitors (“you” or “your”) to the Web site, www.neovoxglobal.com (“the Web Site”), and your remaining on, or returning to, the Web Site constitutes your acceptance of the terms and conditions as presented herein and constitute a binding, legal agreement (“Agreement”) between you and NeoVox Global, LLC (“NeoVox”).
By use of this Web Site you agree to be solely and entirely responsible and liable for (and that NeoVox has no responsibility to you or to any third party for a) any information, data, text, communications or other materials posted by you (collectively, “information”) and b) for the consequences of your actions (including any loss or damage which NeoVox may suffer) by doing so.
You further agree not to post or publish any information, or to provide to NeoVox any information, or to use the Web Site in any way that is fraudulent or involves the sale or offer of anything; that is false, inaccurate or misleading; that creates liability for NeoVox; that violates any law, statute, ordinance, or regulation; that discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, familial status, color, ancestry, source of income, housing status, or military discharge status; that is damaging, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, hateful, or invasive of another’s privacy; that misrepresents you or any other person in any way; that infringes any party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; that is about, of, or concerning any person other than yourself.
You further agree not to post or publish personal information about others; not to delete or alter any material posted by another user; not to post any advertising or solicitation; not to disclose to or share with any third party any password you may be issued to this Web Site, or to use your password for unauthorized purpose.
You agree that NeoVox has the right to modify or discontinue any or all parts of the Web Site without notice or warning even though such changes may affect the way you use the Web Site; that NeoVox shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site or any part thereof; that NeoVox has the right (but not the obligation) to edit or delete any posting, to limit or terminate any user’s activity for any reason and at any time, and to refuse use or service to any user for any reason without warning or notice.
Except for this limited license, NeoVox does not convey any interest in or to the NeoVox Systems, or data available via the NeoVox Systems, Intellectual Property, Content, Products & Services, Web Site or any other NeoVox property by permitting you to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Intellectual Property, NeoVox Systems, Content, Information, or Services may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of NeoVox. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Intellectual Property, NeoVox Systems, Content, Information, or Products & Service in any way, unless expressly permitted to do so by NeoVox.
NOTE THAT NEOVOX RECOGNIZES THAT THE WEB SITE IS ACCESSIBLE WORLDWIDE, AND DOES NOT REPRESENT HERE WITH RESPECT TO THE MARKS (OR OTHER INTELLECTUAL PROPERTY PROVIDED OR AVAILABLE VIA THE WEB SITE) THAT NEOVOX HAS TRADEMARK, TRADE DRESS, COPYRIGHT, OR OTHER FORMS OF REGISTRATION OR PROTECTION IN EVERY COUNTRY OR JURISDICTION WORLDWIDE — BUT NEOVOX DOES RESERVE THE MAXIMUM RIGHTS AVAILABLE TO IT WORLDWIDE AND IN EVERY COUNTRY AND JURISDICTION. IF YOU ARE UNCERTAIN OF WHETHER OR NOT YOUR ACTUAL OR PROPOSED USE OF ANY OF THE MARKS IS IN VIOLATION OF NEOVOX’S RIGHTS IN THE COUNTRY OR JURISDICTION OF SUCH USE, PLEASE CONTACT NEOVOX FOR CLARIFICATION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT NEOVOX IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, NEOVOX IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEOVOX, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, MULTIPLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE NEOVOX SYSTEMS, SERVICES OR THE CONTENT, OR OTHERWISE IN CONNECTION THEREWITH, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEOVOX IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
NEOVOX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE SHALL NOT EXCEED $100.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEOVOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND ANY OF ITS THIRD-PARTY PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS BY ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE, THE NEOVOX SYSTEMS, INFORMATION, SERVICES OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE NEOVOX SYSTEMS, INFORMATION, PRODUCTS & SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF MISSOURI, THE UNITED STATES OF AMERICA, AND YOU HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION THEREOF. AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO SUCH COURTS AS THE VENUE FOR AND THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE NEOVOX SYSTEMS, INFORMATION, PRODUCTS & SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EARLIEST EVENT (I.E., ACT OR OMISSION) GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION.
NeoVox may terminate your access and use of the Web Site, Content, and NeoVox Systems, and any licenses or other rights granted herein, at any time, without warning, at its sole discretion and without penalty or liability to you.
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