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NickelTalk (the "Company") maintains
the website www.nickeltalk.com and its constitutive pages. The NickelTalk
website ("Site") is subject to your compliance with the terms
and conditions set forth below including all exhibits. NickelTalk may
revise these terms and conditions from time to time and by updating this
posting.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS, SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE.
USE OF SITE
You understand that except for information, products or services clearly
indicated as being supplied by the Company, NickelTalk does not operate,
control, or endorse any information, products or services on the Internet
in any way. You also understand that the Company cannot and does not guarantee
or warrant that files available for downloading through the Site will
be free of viruses, worms or other code that may be damaging. You are
responsible for implementing procedures to satisfy your particular requirements
and for accuracy of data input and output.
OPERATING GUIDELINES
You agree (1) not to post or transmit any message which is libelous,
defamatory or which discloses private or personal matters concerning any
person; (2) not to post or transmit any message, data, image or program
which is pornographic in nature; (3) not to interfere or disrupt this
site or networks connected to this site: (4) not to post or transmit any
file which contains viruses, worms or any other contaminating or destructive
features; (5) not to use the Site to collect or obtain personal information
, including without limitation, financial information, about others users
of the Site; (6) not to impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with a person or entity; (7)
not to use the facilities and capabilities of the Site to conduct any
activity or solicit the performance of any illegal activity or other activity
which infringes the rights of others. You agree to comply with all policies
and procedures connected to the Site.
COPYRIGHTS, INTELLECTUAL PROPERTY AND
PROPRIETARY RIGHTS
All content on the Site is owned by the Company. You may access, print
and download portions of material from different areas of the Site solely
for your non-commercial use. The information on the Site may not be altered,
distributed or displayed without the express consent of NickelTalk. NickelTalk
may change the content of the Site at any time, without prior notification,
and will not be liable to any party in any way for possible consequences
of such changes. The trademarks, trade names, service marks and products
referenced on this site ("Marks") are protected in the United
States and internationally. The use or misuse of the Marks, except as
permitted herein, is expressly prohibited and may be in violation of copyright
law, trademark law, the law of slander and libel, the law of privacy and
publicity, and communications regulations and statutes.
LINKS
The Site may provide links or references to other sites. The Company
shall have no responsibility for the content of such other sites, nor
have any liability for any damages or injury arising from your access
to, or use of content on, such other sites. NickelTalk has no knowledge
of information contained in such other sites or the policies applicable
to your access to, and use of, such other sites. The Company takes no
responsibility whatsoever for such information or policies and accepts
no liability for any damages resulting from your access to or use of such
other sites. NickelTalk reserves the right to terminate any link or linking
program at any time. NickelTalk does not endorse companies or products
to which it links and reserves the right to not as such on its web pages.
If you decide to access any of the third party sites linked to the site,
you do so entirely at your own risk.
REGISTRATION
Registration may be required for you to access or use any or all of
the Services offered by NickelTalk. You must provide accurate, current
and complete information as requested on the "Sign Up" page.
You acknowledge you are of legal age, provided true information and are
fully authorized to sign on behalf of the entity requesting Service.
NO WARRANTIES
NickelTalk 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 THE SITE, ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY,
AND NickelTalk SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SITE OR ON THE INTERNET GENERALLY. NickelTalk DOES NOT WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. THE SITE AND ANY INFORMATION MADE AVAILABLE ON THE SITE
ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT
WILL NickelTalk BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
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 THE SITE.
INDEMNITY
You agree to indemnify, defend and hold harmless NickelTalk, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Site from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement by you.
TERM; TERMINATION
This Agreement may be able terminated by either party without notice
at any time for any reason; provided that you may no longer use the Site
after you have terminated this Agreement.
LIMITATION OF LIABILITY
In no event will NickelTalk, NickelTalk Affiliates, Content Providers
and their respective shareholders be liable for any direct, indirect,
special, punitive, incidental, exemplary or consequential damages of any
kind (including, but not limited to, economic loss, loss of information
or data, interruption, delay or loss of access to or use of the internet,
and the like), arising in any way or any manner from or relating to this
Site, errors or omissions in the content or defects in the services provided
by NickelTalk hereunder or your access to and use of this Site. THE LIMITATIONS
CONTAINED IN THE SITE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR
NUMBER OF CLAIMS OR ACTIONS.
APPLICATION OF THESE TERMS
These terms and conditions constitute the entire agreement between
you and NickelTalk. This Agreement supersedes any and all prior and existing
agreements, whether written or oral. You acknowledge that NickelTalk has
not made any representations, promises or agreements, to you relating
to the subjects addressed by this Agreement that are not embodied herein.
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