Terms of Use

TERMS OF USE

TERMS OF USE

These terms of use are an agreement between Stella Nova Technologies, Inc. (“Company”) and users of this website (“you” or “user”). This agreement (the “Agreement”) also governs your use of any content or information (the “Content”) made available to you by the Company through this website (the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms of Use, as well as all provisions, disclaimers and disclosures on this Site. If you do not agree to all of these Terms of Use, DO NOT USE THIS SITE.

Company may revise and update this Agreement at anytime. Your continued use of the Site will mean you accept those changes.

1. Permissible and Prohibited Uses. You may not use the Site for anything other than a lawful and legitimate purpose. You may not reproduce, upload, post, transmit, download or distribute any part of the information contained in this Site without written permission from the Company. You also may not store or archive a significant portion of the Site content or create a database using the content. Examples of prohibited uses of the Site include, but are not limited to, the following: (a) deceptive and unfair trade practices; (b) placement on the Site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the Site; (d) insertion of links to other sites of whatever character; (e) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (f) unauthorized alteration of any data or information supplied by another user of the Site: or (g) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. If you engage in a prohibited use of the Site you may be barred from any future use of the Site. Any content introduced to the Site as a result of or which constitutes an impermissible use, as determined in the sole discretion of the Company, may be removed from the Site. If you engage in a prohibited use of the Site, You will be liable to the Company for damages it incurs as a result.

2. Hyperlinks. As you use the Site, you may encounter windows and hyperlinks that take you to web pages or websites of other companies, either to make their content available to you or to enable you to communicate directly with those companies. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company 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 the Company 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.

3. Copyright and Other Proprietary Rights. You acknowledge and agree that the Site and all information, data and content included therein (the “Content”) contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Content, in whole or in part without the express written permission of the Company.

4. Disclaimer Of Warranty. THE COMPANY PROVIDES THE SITE AND ITS CONTENT ON AN “AS IS” BASIS, AND COMPANY GRANTS NO WARRANTIES TO YOU (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE OR THE CONTENT. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE WILL ALWAYS BE AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY OF THE SITE, INCLUDING WITHOUT LIMITATION UNAVAILABILITY CAUSED BY HEAVY TRAFFIC, TECHNICAL DIFFICULTIES, OR ANY OUTAGE OR OTHER INTERRUPTION IN SERVICE.

5. Limitation of Liability. IN NO EVENT WILL THE COMPANY BE LIABLE TO (i) ANY USER FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO (ii) ANY PERSON OTHER THAN THE USER. IN ADDITION, THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY OTHER USERS, INCLUDING UNAUTHORIZED USERS, OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6. Suspension or Termination of Use of the Site. Without limiting the Company’s other remedies in law or equity, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to access the Site if (a) you breach these Terms of Use; (b) the Company is unable to verify or authenticate any information you provide to it (which it has no duty to do but may pursue in its sole and absolute discretion); or (c) the Company believes, in its sole and absolute discretion, that your actions may cause, result in or carry a risk of legal liability for you, a Site user or the Company.

7. Indemnity. You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from or in connection with your use of the Site, use of Content provided via the Site or breach of these Terms of Use.

8. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site.

9. Privacy. The Company maintains email addresses and any other information collected through the Site in the strictest confidence. However, we do aggregate data for purposes of analyzing it to assess market and business trends, and any such aggregated data and analysis is the property of the Company, which it may disclose for any purpose and in any form that does not directly identify a party. The only exceptions to this nondisclosure policy will be: (a) where a party has authorized the Company to make a disclosure; (b) the Company believes in good faith that a disclosure is necessary to comply with law; (c) to enforce the Company’s rights under these terms and conditions; or (d) when necessary to protect the legitimate interests of the Company or others. Please read our full Privacy Policy at here, which is incorporated herein by reference for additional information.

10. Submissions. These Terms and of Use contain the entire agreement between the user and the Company regarding the use of the Content and the information contained on this Site. You agree that these Terms of Use take effect on your first use of this Site, and that they apply to all persons accessing the Site from your computer. You agree to regularly review these Terms of Use for changes and agree to those changes by continuing to this Site. These Terms of Use may only be amended as described above, or by a writing signed by you and an authorized official of the Company. Unless otherwise explicitly stated, the provisions contained herein will survive termination of your access to and use of the Content and the information contained on this Site. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.

If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms of Use.

The headings used in these Terms of Use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Site must be filed within one (1) year after such claim or cause of action arose. You acknowledge that the provisions, disclosures and disclaimers set forth in these Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of these Terms of Use, the Company has available all remedies at law or equity to enforce these Terms of Use.

© 2010 Stella Nova Technologies, Inc. All Rights Reserved.