Disclaimer of Warranty
WE PROVIDE THIS WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKE NO WARRANTY OR REPRESENTATION EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. No opinion, advice or statement from us or our affiliates, licensors, sponsors, agents, members or visitors, whether made on this Web Site or otherwise, shall create any warranty.
Despite our best efforts to ensure that the content on this Web Site is accurate, complete and current, there may be instances when content is inaccurate or incomplete. We make no warranty or guarantee that the content on this Web Site is error-free, complete, or current, or that your use of this Web Site will be uninterrupted, error-free or secure, or that this Web Site is free of viruses or other harmful components. Your use of this Web Site and any materials provided through this Web Site are entirely at your own risk. We reserve the right, but shall not be obligated, to correct errors, update, add and/or remove content on this Web Site at any time without notice. You acknowledge and agree that we have no obligation to maintain or provide any updates, upgrades, enhancements, or other modifications to this Web Site.
Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR AFFILIATES, OR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR SUBSCRIBE TO THIS WEB SITE, OR (2) TWENTY DOLLARS ($20).
Code of Conduct
While using this Web Site, you agree not to:
- restrict or inhibit any other visitor or member from using this Web Site, including, without limitation, by means of hacking" defacing any portion of this Web Site;
- Use this Web Site for any unlawful purpose
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of this Web Site, except for the Public Domain Material as defined below;
- Remove any copyright, trademark or other proprietary rights notices contained in this Web Site;
- "Frame" or "mirror" any part of this Web Site without our prior written authorization;
- Link to any page of or content on this Web Site other than the URL located at the above domain; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of this Web Site or its contents.
While using this Web Site, you agree to comply with all applicable laws, rules and regulations.
Jurisdiction Governing Law Venue
These terms are governed and construed by the laws of this state without regard to its conflict of law rules. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect. You agree to submit to the exclusive jurisdiction of any state or federal court and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Our press releases, announcements, and postings to this may site contain forward-looking statements that involve risk and uncertainties. They do not constitute an offer to sell or an obligation to buy any security.
The selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. We retain and shall own all right, title and interest in and to this Web Site and any content contained therein (except for any Public Domain Material) and any derivative works or other modifications thereof, including, without limitation, all copyright, trademark, trade secret and other intellectual rights, subject only to the limited license set forth herein. You hereby assign, and agree to assign, to us all right, title and interest (including all intellectual property rights) throughout the world that you have or may have in this Web Site or any content contained therein (including with respect to any modifications suggested by, or other contributions made by, you), which assignment shall be deemed effective as to any future modifications or contributions immediately upon the creation thereof. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of any modifications suggested by, or other contributions made by, you under any applicable law under any legal theory.
The trademarks, logos, and service marks displayed on this Web Site (collectively the "Trademarks") are the registered and unregistered trademarks of us, our licensors and suppliers, and others. You may not use the Trademarks, including without limitation in connection with any product or service, in any manner without our express written permission. Nothing contained on this Web Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark.
Domain Expiration and Renewal
Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees prior to the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to NMG and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.
Prior to expiration of a domain name registration NMG will send renewal notifications with instructions for renewal via email to the registrant via the primary contact in the registrant's account. You agree that NMG may, but is not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. If the domain name registration is not renewed prior to expiration a notification will be sent via email to the registrant via the primary contact shortly following expiration providing notice that the domain name has expired and providing instructions for renewal for an additional fee.
Recovering a Domain After Expiry
It may be possible to recover a domain name after it has expired. Renewal of a domain name after its expiry is subject to a Redemption Recovery fee of $175 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after its expiry and NMG has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.
If you forfeit a domain name for non-payment, NMG will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that NMG may charge the credit card you have on file with NMG to recover any amounts outstanding on your account.
These terms and conditions shall remain effective until terminated in accordance with their terms. We reserve the right to immediately terminate these terms and conditions, the license granted herein and/or your access to and use of this Web Site or any portion thereof, at any time in the event of your breach or violation of these terms and conditions. Upon such termination for breach, your right to use this Web Site shall immediately cease, and you shall destroy all information or materials obtained from this Web Site and all copies thereof, whether made under these terms and conditions or otherwise.
Access & Security
You are solely responsible for providing, installing and maintaining at your own expense all equipment, facilities and services necessary to access and use this Web Site, including, without limitation, all computer hardware and software, modems, telephone service and Internet access.
If you are an employer, you shall ensure that each of your employees, contractors and agents complies with these terms and conditions, including, without limitation, the license restrictions above. You shall promptly notify us of any unauthorized copying, display, modification, transmission, distribution, or use of this Web Site or any content contained therein of which you become aware.
We reserve the right at any time and without prior notice to change the hours of operation of this Web Site or to limit your access to this Web Site for any reason, including without limitation, (1) in order to perform repairs or to make updates, upgrades, enhancements or other modifications or (2) in response to unforeseen circumstances or circumstances beyond our reasonable control.
If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These terms and conditions may not be modified or amended except by an instrument in writing signed by both you and us. These terms and conditions are not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these terms and conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.