The following rules govern the use by you of NXIVM hosted on www.nxivm.com. The rules set forth herein apply to all materials, images, online communications and other information that is or becomes available on NXIVM (collectively, “Information”). BY SIGNING ON AND USING NXIVM, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
- Personal Uses Permitted.
NXIVM is an online information exchange service for use by NXIVM Corporation, and the general public. You shall not copy in part or in full, post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
- User’s Obligation to Abide By Applicable Law.
In connection with the use of NXIVM you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as theft, libel, slander, defamation, trade libel, product disparagement, fraud, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on NXIVM may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized copying, reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
The media, in the forms of written, pictoral, graphical, design and images amongst others, and other website files that together comprise the hosted content (herein referred to as the “Content”) are protected by U.S. and international copyright laws. All rights to Content originating from NXIVM Corporation, including the content therein, are reserved to NXIVM Corporation. The Content are available for personal, noncommercial use only. You may link to the Content from your personal web site and or social media.
The Content is provided to you AS IS. You may access the Content for your information and personal use solely as intended through the provided functionality of NXIVM and as permitted under these Terms of Service. You shall not download any Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NXIVM or NXIVM Corporation. NXIVM and NXIVM Corporation reserve all rights not expressly granted in these Terms of Service.
You agree not to access NXIVM and Content through any technology or means other than the Content pages of NXIVM itself.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Content in a manner that sends more request messages to the NXIVM servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NXIVM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NXIVM reserves the right to revoke these exceptions either generally or in specific cases.
NXIVM reserves the right to discontinue providing Content and to require that you cease accessing or using the Content or any elements of the Content at any time for any reason.
NXIVM may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall NXIVM, NXIVM Corporation, nor any NXIVM Corporation associated business, or individuals and/or businesses associated with creating the Content, or any business or website mentioned r linked to the Website, be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the Content.
- Disclaimer of Warranties.
NXIVM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ETHICAL PRINCIPLES INC DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT NXIVM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
- Limitation of Damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NXIVM Corporation BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE NXIVM, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON NXIVM, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
- Release and Indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST NXIVM Corporation FROM OR IN CONNECTION WITH YOUR USE OF NXIVM, YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, NXIVM Corporation FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF NXIVM OR FAILURE TO ABIDE BY APPLICABLE LAW.
These rules may be modified by NXIVM or NXIVM Corporation from time to time and such modifications will be binding on you when placed online.