By using neach’s Website (“Website”), you consent to the collection and use of the information as described here. By using this Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. neach reserves the right to make changes from time-to-time. Please review the Privacy Statement regularly when you log on to ensure you are aware of the most current Privacy Statement. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Website for any reason. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service.
The Website (including, without limitation, its content) is made available for your personal and non-commercial use only. Certain portions of the Website may now or in the future offer you special features or services, which may or may not be governed by additional terms (“Additional Terms”), all of which are hereby incorporated by reference as if fully set forth herein. In the event that any of the Additional Terms conflict with these Website Terms and Conditions, these Website Terms and Conditions shall control.
The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any neach Website or the Website Content.
We also reserve for ourselves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, any membership opportunities, benefits, fees, or features, or any of the content, services, or features of the Website or its hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.Age Requirement.
The Website is open only to those individuals who have reached the age of majority in the jurisdiction in which they live. By using the Website, you warrant and represent that you are not a minor (or if so you have your guardian’s consent to enter into a contract being these Terms and Conditions) and that you have the capacity to agree to be bound by these Website Terms and Conditions and the capacity to engage in any e-commerce transactions or other contractual arrangements made available to you on or through this Website.
neach WEBSITE SECURITY RULES
There are certain rules of conduct that you must abide by when visiting the neach Website. You acknowledge and understand that, while using the neach Website, you are strictly prohibited from:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- Other than as expressly permitted on the Terms and Conditions, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Website or any content, information, software, products or services obtained from the Website, without the prior written permission of neach, llc
- harassing any other person in any manner or form, including, without limitation, via e-mail or by obscene or abusive language
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any neach Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- uploading, distributing, or otherwise publishing through the neach Website any content that is libelous, defamatory, fraudulent, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law
- uploading commercial content on neach Website or using the Website to solicit others to join or become members of any other commercial online service or other organization
- framing or linking to any content available on or through the Website
- uploading, posting or transmitting, distributing or otherwise publishing through the Website any materials that (i) restrict or inhibit any other user from using and enjoying the Website, (ii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (iii) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact
- engaging in the harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or otherwise attempting to interfere with service to any user, host or network
- sending chain letters or engaging in pyramid schemes via the Website
- decompiling, disassembling or reverse engineering the software comprising or in any way making up a part of the Website
- attempting to gain unauthorized access to the Website, any portion thereof or any other computer systems through the Website (including, without limitation, by accessing data not intended for you or logging into a service or account which you are not authorized to access)
- using the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website
- obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the Website
- uploading a resume that is false, inaccurate or incomplete
- uploading the resume of an individual other than you
- deleting or revising any materials posted on the Website by any other person or entity
- forging any TCP/IP packet header or any part of the header information in any e-mail or other communication or posting
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
LIMITATION OF neach’S LIABILITY.
IN NO EVENT SHALL neach OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “neach ENTITIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF neach HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE Website OR THE INFORMATION, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREELANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, AND MATERIALS AVAILABLE FROM THE Website. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY neach Website AND THE Website CONTENT, HETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL neach BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING, WITHOUT LIMITATION ANY USER CONTENT) POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE Website. NOTHING CONTAINED HEREIN SHALL MAKE neach YOUR EMPLOYER. ANY EMPLOYMENT RELATIONSHIP WITH neach, IF ANY IS ESTABLISHED, WILL BE AS SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND neach AND WILL NOT BE GOVERNED BY ANYTHING CONTAINED ON THIS Website, OR THESE Website Terms and onditions. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE neach ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE Website Terms and Conditions OR YOUR USE OF THE Website, EXCEED, IN THE AGGREGATE, $50.00.
RELEASE FROM LIABILITY.
YOU HEREBY AGREE TO RELEASE US FROM ANY CLAIMS, DEMANDS OF ANY KIND, KNOWN OR UNKNOWN, ARISING OR IN ANY OTHER WAY CONNECTED WITH ANY DEALINGS OR DISPUTES THAT YOU MIGHT HAVE WITH ANY OTHER USERS OF THE Website OR ANY THIRD PARTY WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MIGHT OTHERWISE HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES IN RELEVANT PART THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold harmless the neach Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Website, the User Content, your violation of any law or third party right or breach of these Website Terms and Conditions.