USE OF CONTENT
USE OF PRODUCTS/SERVICES
USE OF TRADEMARKS
The trademarks, logos, and service marks displayed on the Web Site are the property of nModal and various third parties. You may not use marks found on the Web Site without the prior written consent of nModal or such third parties.
In connection with your use of the Web Site you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any Content, Product, or Service you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Web Site; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) post, transmit, or access through the Web Site materials that would violate any law or the rights of others, including, without limitation, any threatening, harassing, defamatory, or obscene materials, materials that violate laws against copyright infringement, rights of privacy and publicity, or junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Web Site, Content, Products, or Services.
ACCURACY OF CONTENT
nModal uses reasonable efforts to provide accurate and up-to-date information on the Web Site, however, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any typographical or other errors or omissions. In the event a product/service is presented with incorrect information, such as pricing, nModal shall have the right to refuse or cancel orders placed for the product/service listed incorrectly, and your sole remedy will be a refund of the purchase price.
WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND NMODAL THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION, NMODAL AND ITS SUPPLIERS PROVIDE THE WEB SITE, CONTENT, PRODUCTS, AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. NMODAL AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND NMODAL THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION, (A) IN NO EVENT SHALL NMODAL, ITS SUBSIDIARIES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NMODAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEB SITE, THE CONTENT, PRODUCTS, OR THE SERVICES; AND (B) TO THE EXTENT NMODAL IS HELD LIABLE BY A COURT OF COMPETENT JURISDICTION, UNDER ANY LEGAL THEORY, FOR DIRECT OR OTHER DAMAGES, NMODAL'S MAXIMUM LIABILITY SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE FOR THE PRODUCT/SERVICE, OR $50, WHICHEVER IS GREATER. THE EXISTENCE OF ONE OR MORE CLAIMS OR SUITS WILL NOT ENLARGE THIS LIMIT, AND EACH PARTY ACKNOWLEDGES THIS IS AN APPROPRIATE ALLOCATION OF RISK FOR USE OF THE WEB SITE AND ITS PRODUCTS/SERVICES, AND NMODAL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Potential copyright infringement must be reported to nModal at firstname.lastname@example.org .
LINKS TO THIRD PARTY WEB SITES
The Web Site contains links to other web sites that are not controlled by nModal. These links are provided for convenience. nModal is not responsible and assumes no liability for the contents of any of these web sites, and unless expressly stated does not endorse, nor shall the links be inferred as an endorsement of, these web sites or their contents, products, or services.
USER GENERATED CONTENT
The Web Site contains content and links that have been provided by users. nModal is not responsible and assumes no liability for the content of these posting or any of these web sites, and unless expressly stated does not endorse, nor shall the links be inferred as an endorsement of, these web sites or their contents, products, or services. nModal will make reasonable efforts to remove objectionable or inappropriate content.
GOVERNING LAW/JURISDICTION AND ARBITRATION
NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
Modified: Sept. 7 2010