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ACCEPTANCE OF TERMS
Advanium Software Inc. ("NuDeal") thanks you for using NuDeal.com. Your use of NuDeal
will confirm your agreement to these terms and conditions ("TC") as
well as your acceptance of any changes we may make to the TC. In addition, when
using particular NuDeal services subject to this TC, you shall be subject to
any posted guidelines or rules applicable to NuDeal which may be posted from
time to time. All such guidelines or rules are incorporated by reference into
the TC.
All individuals and companies must agree to our terms and conditions before
becoming a member of NuDeal. Information available on our NuDeal.com site
regarding members, their trade leads, products, or company listings is provided
by the members. Any such provided information is the sole responsibility of the
member who provided the information. NuDeal is not responsible or liable for the
legality, accuracy, or truthfulness of any such information. In addition, NuDeal
is not responsible or liable for the conduct of any of our members in relation
to their business activities using or providing information on our website.
Consequently, PLEASE READ THIS TC CAREFULLY BEFORE ACCESSING OR USING NuDeal.
BY ACCESSING OR USING NuDeal, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE NuDeal. REMEMBER THAT NuDeal MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF NuDeal SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
NuDeal RIGHTS AND REPRESENTATIONS
NuDeal reserves the right to deny access to you or any group of users to NuDeal,
at its sole discretion, at any time. NuDeal also reserves the right to remove
any listings or other information or content from NuDeal at any time and at its
sole discretion.
NuDeal cannot and does not guarantee or warrant that files available for
downloading on NuDeal will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to NuDeal for the reconstruction of any lost data.
NuDeal DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO NuDeal, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH NuDeal, OR ANY MERCHANTS LISTED ON NuDeal, AND NuDeal
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. NuDeal DOES NOT WARRANT THAT NuDeal WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN NuDeal WILL BE CORRECTED. NuDeal
IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL NuDeal
(OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES,
DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE NuDeal, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON NuDeal OR DOWNLOADED FROM NuDeal, EVEN IF NuDeal OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN NuDeal, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT
LISTINGS OR INFORMATION DOWNLOADED THROUGH NuDeal. BECAUSE SOME PROVINCES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, NuDeal'
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Product Listings, Trade Lead Listings, Company Listings, and Resources
This information is proprietary to NuDeal and its data suppliers and is
protected under Canadian
copyright law and international treaty provisions. This information is licensed
for your personal or professional use and may not be resold or provided to others.
You may not distribute, sell, rent, sublicense, or lease such information, in
whole or in part to any third party; and you will not make such information
available in whole or in part to any other user in any networked or
time-sharing environment, or transfer the information in whole or in part to
any computer other than the PC used to access this information.
Trademarks
The NuDeal name and logo, the NuDeal.com name and logo and all related products
and service names, design marks, and slogans are the trademarks, service marks
or registered trademarks of Advanium Software Inc. or its affiliates. All other product and
service marks contained herein are the trademarks of their respective owners.
Consent to Monitoring and Disclosure
NuDeal is under no obligation and does not assume any obligation to monitor the
information residing on or transmitted using this service. However, anyone using
this service agrees that NuDeal may monitor the contents periodically to (1)
comply with any necessary laws, regulations, or other governmental requests;
(2) to operate the service properly or to protect itself and its users. NuDeal
reserves the right to modify, reject or delete any information residing on or
transmitted to its service that it, in its sole discretion, believes is
unacceptable or in violation of these terms and conditions.
Should any user of information on this service provide NuDeal information,
including without limitation feedback, data, answers, questions, comments,
suggestions, plans, ideas or the like to NuDeal, such information shall be
deemed to be non-confidential and NuDeal assumes no obligation to protect such
information from disclosure. The submission of such information to NuDeal shall
in no way prevent the purchase, manufacture or use of similar products,
services, plans and ideas by NuDeal for any purpose whatsoever and NuDeal shall
be free to reproduce, use, disclose and distribute the information to others
without restriction.
Disclaimer of Liability
THE USE OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS
SERVICE AND THE INTERNET GENERALLY. NuDeal, AND ITS PARENTS SUBSIDIARIES
(Advanium Software Inc.) DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM,
OR VIA, THIS SERVICE OR INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
NuDeal DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR
PROCESS DISCLOSED ON THE SERVICE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE.
IN NO EVENT SHALL NuDeal BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVICE OR
THE INTERNET GENERALLY.
Disclaimer of Liability
Any material contained on this service may include inaccuracies or errors. NuDeal
has the right to make changes and updates to any information contained within
this service without prior notice.
THE INFORMATION PROVIDED ON THIS SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NuDeal, ITS PARENTS
SUBSIDIARIES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER NuDeal,
NOR ITS PARENT SUBSIDIARIES WARRANTS THAT THE INFORMATION ON THIS SERVICE OR ON
THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third
parties or other information by trade name, trademark, manufacturer, supplier
or otherwise does not necessarily constitute or imply its endorsement,
sponsorship or recommendation by NuDeal. NuDeal makes no representation and is
not responsible for the quality of the products and services provided by NuDeal
members featured in NuDeal.com. The inclusion of NuDeal should not be construed
by the consumer as an endorsement by NuDeal of any of the featured businesses,
their products or services. Product and service information are the sole
responsibility of each individual vendor. The NuDeal name and logo and other
trademarks and trade names owned by NuDeal may not be used in any commercial
manner without prior written consent of NuDeal.
For further information relating to the legal issues contained in these
terms and conditions, questions or problem reports regarding this service,
contact us.
MODIFICATIONS TO SITE
NuDeal reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, NuDeal.com (or any part thereof) with
or without notice. You agree that NuDeal shall not be liable to you or to any
third party for any modification, suspension or discontinuance of NuDeal.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through NuDeal, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that NuDeal shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on NuDeal.
LINKS
NuDeal may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because NuDeal has no control over such sites and
resources, you acknowledge and agree that NuDeal is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that NuDeal shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
NuDeal PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that NuDeal and any necessary software used in
connection with NuDeal ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through NuDeal or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by NuDeal or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on NuDeal or the Software, in whole or in part.
Any copying, downloading, redistribution, retransmission, display or
publication of any content on NuDeal is strictly prohibited without the express
written consent of NuDeal. This material may be used only for internal,
informational, non-commercial purposes. You agree that you will not use NuDeal
to compile any marketing lists of any kind without the express written consent
of NuDeal. You agree that you will not use NuDeal to download or retrieve
directory listings or other information by using any type of automated means.
The use of NuDeal for any criminal purpose, or any other purpose that would
violate any local, state, federal or international law, whether criminal or
civil, is strictly prohibited. You may establish a hypertext link to NuDeal
from your World Wide Web site so long as the page containing the link properly
attributes the linked site to NuDeal.com and does not in any way imply NuDeal
sponsorship of your site. However, you may not, without obtaining NuDeal's
written permission, republish, redistribute or otherwise make any copies, of
the materials on NuDeal, as a part of the link, including by framing or similar
means, or otherwise.
You agree to grant to NuDeal a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, and publicly display any content,
including trade lead, product, and company directory listings and other
materials or information such as ideas contained therein for new or improved
products and services you submit to NuDeal (such as through posting to public
areas or mailing to NuDeal) by all means and in any media now known or
hereafter developed. You also agree to grant to NuDeal the right to use your
name in connection with the submitted content as well as in connection with all
advertising, marketing and promotional material related thereto. You grant NuDeal
non-exclusive, royalty-free, worldwide permission to implement or use in any
manner and in any media any ideas or information contained in your
communications. You further agree to release NuDeal from any claims of alleged
or actual infringement, or misappropriation of any proprietary rights that may
result from such implementation or use.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws
of the Province of British Columbia (BC) applicable to agreements made and to
be performed in BC. This site is controlled and operated by Advanium Software
Inc from its offices within Canada.
NuDeal makes no representation that materials in NuDeal are appropriate or
available for use in other locations. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. NuDeal
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. NuDeal may assign its rights and duties
under this Agreement to any party at any time without notice to you. The
section titles in the TC are for convenience only and have no legal or
contractual effect.
INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS,
PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR
THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR
INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF
ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER
SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH
EVENT.
NuDeal.com
provides you access to its online business to business community, subject to
your compliance with the terms and conditions below (the
"Agreement"). Please read this Agreement carefully. By enrolling as
an "Member," of NuDeal.com you agree to be bound by these terms and
conditions and the terms and conditions of any activity that you conduct on the
website. NuDeal.com is only for individuals 18 years of age and older.
Registration: By registering, you agree to provide accurate and
current information about yourself and to update that information if it
changes. NuDeal.com is a self-registering website and makes no guarantees
as to the accuracy or completeness of members' information.
Credit Card Use: (A) In order to upgrade to a NuDeal paid membership,
members are required to provide credit card or other payment information. As to
protect your credit card information, NuDeal.com will not keep credit card
information on file. We may, however, keep billing address
information. No payment will be processed without your specific authorization.
Privacy: We may provide your personal information to the police or other
investigating agencies to assist them in the investigation of any suspected
violations of law. We also have the right to share your name and contact
information with our attorneys in the event of serious violations of conduct. Privacy:
We may provide your personal information to the police or other investigating
agencies to assist them in the investigation of any suspected violations of
law. We also have the right to share your name and contact information with our
attorneys in the event of serious violations of conduct. In general, the
databases and contents therein are the property of NuDeal, LLC which may rent
or sell information.
Member Conduct: Although we have no obligation to screen or edit
information that is posted or shared by members, we reserve the right to remove
any objectionable information, at our discretion, without notice.
You agree to:
- Follow all local, provincial, national and
international laws and regulations.
- Take responsibility for all acts that occur under
your account or password, including any content transmitted or broadcast
from your account.
- Maintain the confidentiality of your password and
log in identity.
- Comply with all intellectual property and other
proprietary rights laws, including but not limited to federal copyright
and trademark laws, in the use of the site and in making your personal profile
and submissions of stories.
- Provide only accurate and appropriate personal
information about yourself. Please do not post sexually explicit language.
You agree to keep your personal information posted on the site within the
convention of good taste. We do not review the directory or individuals'
profiles looking for inappropriate material, but if it is brought to our
attention, we will require that you revise or delete the inappropriate
information. We have the right to request edits or make edits to your
personal information at our discretion.
You agree NOT to:
- Use incognito names when registering or
communicating on our site.
- Send junk mail to our members or solicit our
members for commercial purposes.
- Republish information found in the site without
first obtaining written permission from NuDeal.
- Post any false, misleading, slanderous, libelous,
or inaccurate information about others on our site. In the event you do,
we have the right to release your identifying information to the police,
our attorneys or the individual you mentioned in your posting so that they
may take action against you.
- Post or forward any confidential correspondence
from NuDeal.com.
Other important rules:
- NuDeal reserves the right to modify, suspend or
terminate access to the site at any time without notice or refund if you
are suspected of violating any of these Terms of Service. We also reserve
the right, on occasion, to require you to change your log in name and
password.
- Payment for joining NuDeal is non-refundable.
- Swearing, obscenities, and inappropriate behavior
(as solely determined by NuDeal) on bulletin or message boards, chat
rooms, or otherwise on the site will not be tolerated, and your membership
will be immediately terminated if we determine that you have participated
in such behavior on the site.
Abuse of Conduct:
Reporting abusive conduct: Please contact us in the event you need to
report abusive conduct. Although we have no obligation to police the site, we
do try to remove content that is clearly inappropriate when it is brought to
our attention.
Consequences for abusive conduct: In the event you violate these Terms
of Service, NuDeal has the right to terminate your account without refund. In
the event of a serious violation (as solely determined by NuDeal) NuDeal may
also file suit against you for business interference or other appropriate legal
theories and we will seek compensation from you for potential damage to our
reputation caused by your actions. NuDeal has the right to eliminate any
Private Group suspected of violations of the law or our Terms of Service. NuDeal
will cooperate with the authorities on any said suspected violations.
Content Rights: Please do not copy content from our site without our permission.
This site (NuDeal.com), and all of the content of the site, is protected by
intellectual property and other laws throughout the world, and is the
copyrighted property of NuDeal and/or its various third party licensors. None
of the content found on this site may be copied, reproduced, republished,
distributed, sold, licensed, transferred, distributed or modified without the
express written permission of NuDeal. Unauthorized use of the site would be a
violation of NuDeal' and its licensors' rights. In addition, the trademarks,
logos and service marks displayed on this site (collectively, the
"Trademarks") are the property of NuDeal, its affiliates, and various
third parties. The site and the software incorporated in the site may not be
reverse engineered, decompiled or disassembled.
Personal Information and Submissions: By submitting your personal,
reunion and related information to us, you are thereby granting to NuDeal a
royalty-free, worldwide, non-terminable, exclusive license to use this
information and your exact words (and excerpts and edited versions of your
submissions) in all media now known or hereinafter developed, and in
promotions, and to sublicense and transfer this right to third parties, and you
waive all claims against NuDeal for any violations of copyright, rights of
privacy, publicity, and defamation or other personal torts arising from NuDeal'
use of the information in such media. No payments shall be due to you for such
grant of rights, and you may or may not receive credit as the author of such
works in any use of them.
Disclaimer of Warranties: EXCEPT AS SPECIFICALLY PROVIDED IN THIS
PROVISION, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND NUDEAL
DISCLAIMS, AND YOU WAIVE, ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION
RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE FUNCTIONS, MATERIALS
AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR,
AND NUDEAL AND ITS PROVIDERS DO NOT WARRANT THE ACCURACY, CURRENCY OR
RELIABILITY OF INFORMATION ON THE SITE. YOU ASSUME THE ENTIRE RISK AND COST OF
REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE.
This disclaimer of warranty may not apply to all users.
Limitations of Liability & Remedies: YOUR USE OF THE SITE IS
ENTIRELY AT YOUR SOLE RISK. NUDEAL, AND NUDEAL' DIRECTORS, OFFICERS, EMPLOYEES,
LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR
LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN
CONNECTION WITH THE USE OR NONPERFORMANCE OF THE SITE, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER
PECUNIARY LOSS EVEN IF NUDEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSS. Your sole and exclusive remedy for any breach of this
agreement by NuDeal shall be a refund of the fees paid for membership. NuDeal
is not responsible for, and shall have no liability with respect to, the
content of third party Web sites that are linked to or from the site. NuDeal is
not responsible for the user generated content on the site. Some states do not
allow the exclusion or limitation of liability to the extent set forth herein;
therefore, this provision may not apply to every person as written.
Customer Warranties & Indemnification: You warrant and represent
that
a.
You shall abide by all the terms and conditions of this agreement;
b.
You are of sufficient legal age to use this site and to create
binding legal obligations for any liability you may incur as a result of the
use of this site;
c.
You will not take any action which would derogate NuDeal' or its
licensors' rights in and to their intellectual property or content;
d.
You will not infringe on the copyrights of any third parties;
e.
You will not violate any laws in your use or postings of
information on the site; and
f.
You will not interfere in the business of NuDeal by posting
information that violates the rules outlined above or by attempting to divert
traffic from the Site. You shall indemnify and hold harmless, and at NuDeal'
request defend, NuDeal, its directors, officers, shareholders, employees,
agents, affiliates and owners (each, an "Indemnified Party") from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including reasonable attorneys' fees, an allocation
for in-house counsel, and other legal costs) arising out of any claim of any
third party resulting from any breach of your representations, warranties or
covenants set forth in this agreement. You shall reimburse each Indemnified
Party on demand for any costs, expenses and liabilities incurred by such
Indemnified Party to which this indemnity relates.
Links to Other Sites: The site may contain links to other sites. NuDeal
does not endorse any other site and is not liable for any loss or damages
related to the content, products or services available through those sites. If
you have any problems or concerns regarding other sites, please contact their
site administrator or Web master directly.
Changes to Site & this Terms of Service: NuDeal reserves the right
to discontinue, delete and change the content or purposes of the site from time
to time. NuDeal also reserves the right to change the Terms of Service. The
Terms of Service in effect at the time of your use shall govern your use of the
site.
Choice of Law & Venue: This Agreement shall for all purposes be
governed by and construed in accordance with the laws of the Province of
British Columbia, Canada, applicable to contracts negotiated and fully
performed within that Province, and the parties agree to submit to the
exclusive jurisdiction of the courts of the Province of British Columbia in any
action brought to enforce or arising out of this Agreement. Notwithstanding the
foregoing, NuDeal shall have the right to commence and prosecute any legal or
equitable action or proceeding before any Canadian or non-Canadian court of
competent jurisdiction to obtain injunctive or other relief in NuDeal' sole
discretion.
Miscellaneous Terms:
- No Partnership/Assignment. Our relationship is
not one of agency or partnership and you will not be deemed to be a
partner, employee, fiduciary, agent or representative of NuDeal by your
use of the site. You may not assign or transfer your rights to any third
party.
- Severability. These terms are severable. In the
event that any provision is determined to be unenforceable or invalid,
such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
- No Waiver. Failure to enforce a term of this
agreement shall not be deemed a subsequent waiver of that term or other
terms.
- Termination of Membership Permitted. The license
granted in this agreement shall terminate automatically without notice
from NuDeal if you fail to comply with any provision of this agreement. NuDeal
may terminate a free membership at its sole discretion.
- Headings of No Effect. The headings in this
agreement are used for convenience only and not for interpretation.
- Entire Agreement. This agreement is the entire
understanding between us regarding your access to, license and use of the
site and its content and supersedes any prior agreements, statements or
representations with respect to the same.
We
sincerely hope you enjoy your use of the NuDeal.com site. Please understand
that these rules help protect the integrity of the information for all of our
members.
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