Legal Information - Terms of Use

TERMS OF USE
Welcome to the Web Site operated by NOZA, Inc., (“NOZA”). This Web Site is maintained as a service to its visitors. These Terms of Use (“Terms”) are made by and between NOZA and you (“you,” “your” or “User”). These Terms contain the terms and conditions that govern your use of this Web Site. By using this Web Site, you agree to comply with and be bound by these Terms. Please review the Terms carefully. If you do not agree to these Terms, you have no right to receive information from NOZA, engage in commerce through, or otherwise use this Web Site. Failure to use this Web Site in accordance with the following Terms may subject you to severe civil and criminal penalties.


BY CLICKING THE “I AGREE” BUTTON, OR BY ACCESSING, VISITING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER NOZA SOFTWARE, SERVICES, WEBSITES OR ANY OF NOZA’S SERVICES OR SOFTWARE (COLLECTIVELY, “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. NOZA RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN NOZA’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PRIOR VERSIONS, CAN BE VIEWED BY CLICKING ON THE “LEGAL” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON NOZA’S WEB SITE.


To access this Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Web Site that all the information you provide on this Web Site will be correct, current, and complete. If NOZA believes the information you provide is not correct, current, or complete, NOZA has the right to refuse you access to this Web Site or any of its resources, and to terminate or suspend your access at any time.


You may use this Web Site for purposes only expressly permitted by this Web Site. As a condition of your use of NOZA’s Web Site, you warrant to NOZA that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Web Site, or (ii) frame this Web Site, or (iii) hyperlink to this Web Site, without the express prior written consent of a NOZA authorized representative. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web Site or content accessible within this Web Site. You agree to cooperate with NOZA in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provide for through the Web Site.


NOZA grants you a limited license to access and make personal and non-commercial use of this Web Site, and NOZA’s web based search tool software to access NOZA’s database, on a single computer or Internet terminal device that is under your control, unless otherwise specified. You acknowledge and agree that you shall use the NOZA Web Site and its contents solely for your internal data processing purposes. You may not use this Web Site for any other purpose, including any commercial purpose, without NOZA’s express prior written consent. Without limiting the generality of the foregoing restrictions on use, an “independent prospect researcher” (as such term is generally used in the prospect research industry) may use NOZA’s Web Site in the preparation of prospect profiles of identified persons which is conducted by the independent prospect research pursuant to an agreement with a nonprofit organization. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to NOZA’s Web Site. This license does not include any resale or commercial use of this Web Site or its contents; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another customer; any use of data mining, spiders, robots, or similar data gathering and extraction tools; or any decompilation or reverse engineering of this Web Site or its contents. NOZA reserves the right to monitor your use of NOZA’s Web Site to ensure your compliance with these Terms.


The material and content accessible from this Web Site, its collection, arrangement and assembly (the “Content”) are the exclusive property, and proprietary information, of NOZA or the party that provided or licensed the Content to NOZA, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NOZA, except that you may print out a copy of the Content solely for your personal use or other use as authorized by these Terms. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates NOZA’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Web Site.


This Web Site may be hyperlinked to other sites which are not maintained by, or related to, NOZA. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Web Site or NOZA. NOZA does not continuously monitor or review any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and NOZA makes no representation or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Web Site. NOZA provides hyperlinks as a convenience, and the inclusion of any hyperlinks to a third party site does not necessarily imply endorsement by NOZA of that site or any association with its operators.


Any information, materials, suggestions, ideas, comments or other information communicated to NOZA through this Web Site (the “Submission”) will not be treated as confidential, proprietary or trade secret information. Through your Submission, you hereby grant to NOZA the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. NOZA will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NOZA operations. NOZA will treat any personal information that you submit through this site in accordance with its Privacy Policy, which can be accessed by clicking on the “LEGAL” hyperlink on NOZA’s Web Site.


You understand that NOZA cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may 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 this Web Site for any reconstruction of any lost data. NOZA does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOZA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NOZA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOZA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NOZA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NOZA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE OR ITS CONTENT. NOZA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Web Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Web Site, and NOZA does not undertake any obligation to update such information after it is posted or to remove such information from this Web Site if it is not, or is no longer accurate or complete.


NOZA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF NOZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NOZA AND THE PARTIES REFERENCED ABOVE TO ANY PART (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO NOZA FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.


NOZA reserves the right, in its sole discretion, to terminate your access to any or all of NOZA’s Web Sites and the related services or any portion thereof at any time, without notice.


You will indemnify and hold NOZA, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, shareholders, officers and directors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Web Site.


Trademarks, service marks, logos, and copyrighted works appearing in this Web Site are the property of NOZA or the party that provided the trademarks, service marks, logos and copyrighted works to NOZA. NOZA and any such providing party retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing in this Web Site. All content of NOZA’s Web Sites are: Copyright © 2007 NOZA, Inc., 1409 Firestone Road, Santa Barbara, California 93117. All rights reserved. Notification of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.


Any passwords used for this Web Site are for your individual use only. You will be responsible for the security of your password. NOZA will be entitled to monitor your password, and at its discretion, require you to change it. If you use a password that NOZA considers insecure, NOZA will be entitled to require the password to be changed and/or terminate your account. NOZA reserves the right to fully cooperate with any law enforcement agencies or court order requesting or directing NOZA to disclose the identity of anyone making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS NOZA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NOZA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NOZA OR LAW ENFORCEMENT AGENCIES.


These Terms will be governed and interpreted pursuant to the internal laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and NOZA arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in Santa Barbara, California. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NOZA as a result of these Terms or use of NOZA’s Web Site. These Terms constitute the entire agreement among the parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, with respect to NOZA’s Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this Web Site will govern the items to which they pertain. NOZA may revise these Terms at any time by updating this posting.