Website

Terms and Conditions

NET3 WEBSITE TERMS OF USE

By accessing or using any the Net 3 website at the URL https://www.n3t.com (“Website), you agree to comply with these Terms of Use (“Terms of Use”) Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you must immediately terminate use of the Website.

  1. LICENSE GRANT.

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Website and the Net3 Content (as defined below) solely for your noncommercial personal use. Net3 reserves the right to bar, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason.

  1. LICENSE RESTRICTIONS.

Unless otherwise expressly stated in these Terms of Use or you receive Net3’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website, any Net3 Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including Net3 Content; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.

  1. YOUR ACCEPTANCE; REVISIONS TO TERMS OF USE.

The Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the regarding your use and access to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Website. No revision to these Terms of Use, including to the Arbitration provision set forth herein, shall apply to a controversy or claim of which Net3 had actual notice on or before the date of any such revision.

  1. NET3 POLICIES; ADDITIONAL TERMS AND CONDITIONS.

Net3 may hereafter promulgate other additional terms and conditions applicable to certain portions of the Website, which shall automatically be incorporated herein by reference.

  1. CLICK-THROUGH AGREEMENTS.

Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

  1. PERSONAL LOGIN INFORMATION.

Certain features and areas of the Website are available only with registration, login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. Net3 is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must notify Net3 immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

  1. USER OBLIGATIONS.

You warrant that you will abide by, all applicable local, state, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through an Website registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted, Net3 reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party, including, through your use of the Website.

  1. PROPRIETARY RIGHTS.

The content of the Website includes, without limitation, (i) Net3’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Net3 Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Net3 Content”). Net3 Content is the property of Net3 and its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Net3 Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact Net3 at legal@n3t.com. Any use of the Net3 Marks without Net3’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Net3 Content, including any such notices appearing on any Net3 Content you are permitted to download, transmit, display, print, or reproduce from the Website.

 

  1. RESPONSIBILITY FOR USE OF THE INTERNET AND WEBSITE AND EXCLUSION OF LIABILITY.

Use of the Internet and the Website is solely at your risk and is subject to, all applicable local, state, national and international laws, and regulations. Unless expressly required by law, Net3 does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Website over the Internet or other communication network. Net3 shall not be obligated to correct or update the Website or the Net3 Content and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the Website.

  1. NO LEGAL ADVICE AND DISCLAIMER AS TO ACCURACY OF INFORMATION.

The information on the Website and Net3 Content are for informational purposes only. The information contained on the Website and the Net3 Content may or may not reflect the most current legal developments; accordingly, information on the Website is not promised or guaranteed to be correct or complete and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Website, or the Net3 Content should be used as a substitute for advice of competent counsel. The materials on the Website and Net3 Content do not constitute legal advice and do not necessarily reflect the opinions of Net3’S.

  1. THIRD PARTY INFORMATION.

The Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of Net3 or its affiliates. Net3 makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.

  1. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT; AGENT FOR NOTICE OF INFRINGEMENT.

Net3 respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Net3’s Copyright Agent the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    3. a description of where the material that you claim is infringing is located on the site;

    4. your address, telephone number, and email address;

    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Net3’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

William Hudson Denny

Net3 Technology, Inc.

108 Edinburgh Ct.

Greenville, SC 29607

Phone: 888-499-0862

Email: legal@n3t.com

 

  1. LINKS TO THIRD PARTY WEBSITE.

The Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Net3 exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.

  1. LINKS TO WEBSITE, CONTENT, SHARING OF CONTENT.

Links posted by third parties to the Website and/or Net3 Content may not use the Net3 trademark or logo and shall not suggest that Net3 promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, website, content, or information. Any links to any portion of the Website shall be the responsibility of the linking party. Net3 reserves the right to require any linking party to disable or remove any link that violates Net3’s policies, rights or causes interruption or deterioration of Net3 Content. You may download or copy Net3 Content and other downloadable items displayed on the Website for personal use only, if you maintain all copyright and other notices contained therein. Copying or storing of any Net3 Content for other than personal use is expressly prohibited without prior written permission from Net3, or the copyright holder identified in the copyright notice contained in the Net3 Content.

  1. WARRANTIES DISCLAIMED.

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER NET3, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “NET3 PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR NET3 CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) NET3 CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

  1. EXCLUSION OF AND LIMITATION OF LIABILITY.

THE NET3 PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY NET3 CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR NET3 CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND NET3’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE NET3 CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITE; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR NET3 CONTENT. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE AND/OR THE NET3 CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT NET3 HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

  1. EXCLUSIONS PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Net3 Parties from and against all claims arising from or in any way related to your use of the Website and/or Net3 Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Website and/or Net3 Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Net3 will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure and will not relieve you from any other liability that you may have to the Net3 Parties other than under this Section.

  1. TERM AND TERMINATION.

These Terms of Use will take effect at the time you begin using the Website. Net3 reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Website, including any Net3 Content, in your possession.

  1. FEDERAL ARBITRATION ACT AND VENUE.

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to substantively and procedurally in accordance with the federal arbitration act (9 U.S.C.. § 1 et seq. the “FAA”), to the maximum extent permitted by applicable law. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Greenville, SC. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of South Carolina and/or the United States District Court for the District of South Carolina shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

Net3 reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class-based lawsuit or arbitration shall be brought only in the United States District Court for the District of South Carolina or any State of court located in Greenville County, South Carolina.

  1. GOVERNING LAW.

These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of South Carolina, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

  1. WAIVER AND SEVERABILITY.

The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

  1. COMPLETE AGREEMENT.

These Terms of Use, together with any revisions, Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Net3 relating to the Website and its use by you, and supersedes any previous written or oral communication regarding use of the Website.

  1. CONTACT INFORMATION.

If you have any questions or concerns regarding these Terms of Use or the Website, please visit our “Contact Us” page (https://www.n3t.com/contact-us/request-more-info/).

  1. USE OF WEBSITE AND CONTENT OUTSIDE OF THE UNITED STATES.

Net3 makes no claims regarding access or use of the Website or the Net3 Content outside of the United States. If you use or access the Website or the Net3 Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

  1. PRIVACY POLICY.

For information about Net3’s data protection practices and Net3’s use and protection of your personal information, please read Net3’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.