Terms of Service Agreement

General

This naias.com website (the “Service”) is owned and operated by NAIAS, LLC and contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.  As part of our Service, naias.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.  You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by naias.com. However, you may not, without the prior written permission of naias.com, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of naias.com, its parent or affiliate companies or its licensors.

License

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting naias.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

  1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
  2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.


The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimers

This Service includes links and pointers to Internet sites, content and services provided by third parties. naias.com’s linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither naias.com, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by naias.com. The materials, information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, naias.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. naias.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. naias.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not naias.com) assume the entire cost of all necessary maintenance, repair or correction.

Online Commerce

In addition, naias.com may allow you to purchase many different types of products and services online that are provided by third parties. naias.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the naias.com or on a site linked to by naias.com, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. naias.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release naias.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through naias.com. When you purchase products or services on or through the naias.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to naias.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Registration

To use certain features of the Service, you may be required to register with naias.com on a form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If naias.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Service, you may need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. naias.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall naias.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, naias.com materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if naias.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of naias.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that naias.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any naias.com materials, products, or services, or with any of naias.com’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Termination

naias.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between naias.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.