Jones/NCTI Terms of Use
By accessing or using the Jones/NCTI ("Jones/NCTI")
Web site jonesncti.com you agree to be bound by the terms and conditions of
this Terms of Use. If you do not wish to be bound by this Terms of Use,
you may not access or use http://www.jonesncti.com.
Acceptance of Terms of Use.
Welcome to http://www.jonesncti.com. Jones/NCTI is pleased to provide the information
on this Web site conditioned upon your acceptance, without modification,
of the terms, conditions and notices contained in this Terms of Use (the
"Terms of Use"). The Terms of Use may be updated and modified
by us from time to time without notice to you. You can review the most
current version of the Terms of Use at any time by clicking on the Terms
of Use from anywhere on our Web site. We hope that you will find the information
provided on acsellerationseries.com informative and useful. Please feel
free to e-mail us with your thoughts about our Web site or to request
more information about Jones/NCTI.
Access to the Web site.
Jones/NCTI is providing you with capability to use the Web site. You are responsible
for providing all equipment necessary to establish a connection to the
World Wide Web, access to the World Wide Web, and any telephone or other
connection and service fees associated with such access.
Eligibility for Use. The
Web site is available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, the Web
site is not available to minors. If you do not qualify, please do not
use the Web site. Jones/NCTI or any of its parents, subsidiaries, affiliates,
agents or assigns, may refuse the use of, and participation in, the Web
site to anyone at any time, in our sole discretion.
User Obligations. In consideration
of your use of the Web site, you agree to provide true, accurate, current
and complete information about yourself as prompted and you further agree
that you will not use the Web site for any purpose that is unlawful or
prohibited by the Terms of Use. If you provide any information that is
untrue, inaccurate, not current or incomplete, or if Jones/NCTI have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Jones/NCTI has the right to refuse any and all current or future
use of the Web site (or any portion thereof).
Content. It is solely
your responsibility to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, statements, representations, services, and other
information provided through the Jones/NCTI Web site. Jones/NCTI does not endorse
or represent the reliability, accuracy or quality of any information,
goods, services, or products displayed or advertised on the Jones/NCTI Web site.
We make no representations or warranties, express or implied, with respect
to the information provided on this Web site.
Links to Third Party Sites.
Although we hope that you will find the material on this Web site informative,
the material and links to third-party Web sites and resources that may
be included on the Jones/NCTI Web site are provided for informational purposes
only. Providing links to these sites by us should not be interpreted as
endorsement or approval by Jones/NCTI of the organizations sponsoring these
sites or their products or services. We make no representations or warranties,
express or implied, with respect to the information provided on this Web
site or any third-party Web site which may be accessed by a link from
this Web site, including any representations or warranties as to accuracy
or completeness. Because Jones/NCTI has no control over third-party sites and
resources, you acknowledge and agree that Jones/NCTI is not responsible for
the information and contents of such third-party sites and does not endorse
and is not responsible or liable for any content, statements, representations,
advertising, products, services or other materials on or available from
such sites or resources. You further acknowledge and agree that Jones/NCTI shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused in connection with your use or reliance
on any such content, goods or services available on or through any such
site or resource.
Proprietary Rights. You
acknowledge and agree that content contained in the Web site or information
presented to you through the Web site may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Jones/NCTI or its affiliates, you agree not
to modify, distribute, copy, reproduce or create derivative works based
on the proprietary portions of this Web site, in whole or in part. Those
portions of the Web site owned by Jones/NCTI are: Copyright 2003 AcSELLeration
Series, AcSELLeration, Jones/NCTI. All rights reserved.
No Reproduction or Resale.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Web site, use of the Web site,
or access to the Web site.
Indemnification. You agree
to indemnify and hold Jones/NCTI, its directors, officers, employees, agents,
co-branders or other partners harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Web site, your connection to the Web site, your
violation of the Terms of Use or your infringement of any intellectual
property or other right of any other person or entity.
Enforcement. Jones/NCTI does
not assume responsibility to you or others for any failure by Jones/NCTI to
enforce the provisions contained in the Terms of Use.
Termination. You agree
that Jones/NCTI, in our sole discretion and with or without notice, may terminate
your use of the Web site (or any part thereof) for any reason, including,
without limitation, for lack of use or if Jones/NCTI believes that you have
violated or acted inconsistently with the letter or spirit of the Terms
of Use. Jones/NCTI may also in its sole discretion and at any time discontinue
providing the Web site, or any part thereof, with or without notice. You
agree that any termination of your access to the Web site under any provision
of the Terms of Use may be effected without prior notice, and acknowledge
and agree that Jones/NCTI may immediately bar any further access to the Web
site. Further, you agree that Jones/NCTI shall not be liable to you or any third-party
for any termination of your access to the Web site.
General Acknowledgments.
You acknowledge that Jones/NCTI may establish general practices and limits concerning
your use of the Web site. You agree that Jones/NCTI has no responsibility or
liability for the failure of the Web site and the deletion of other content
maintained or transmitted by the Web site. Jones/NCTI reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Web site (or any part thereof) with or without notice.
You agree that Jones/NCTI shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Web site. You further
acknowledge that Jones/NCTI reserves the right to change these general practices
and limits at any time, in our sole discretion, with or without notice.
Other Agreements. This
terms and conditions of Jones/NCTI's Privacy Policy are located at http://www.jonesncti.com/privacypolicy.htm
and are incorporated herein by reference. In the event of a conflict between
the terms of this Agreement and those in the Privacy Policy, the terms
of the Privacy Policy shall govern.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE WEB SITE IS AT YOUR SOLE
RISK. THE WEB SITE AND INFORMATION AND MATERIAL IN THE WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT
TO THE WEB SITE AND INFORMATION AND MATERIAL IN THE WEB SITE, JONES/NCTI EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. JONES/NCTI MAKES NO WARRANTY THAT (i) THE WEB
SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS,
(ii) THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEB SITE OR INFORMATION AND MATERIALS THEREIN WILL
BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE WEB SITE
OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (V) THE WEB
SITE AND ITS CONTENTS AND SERVER THAT MAKES THE WEB SITE AVAILABLE ARE
FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM JONES/NCTI OR THROUGH OR FROM THE WEB SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY.
JONES/NCTI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE WEB SITE OR MATERIAL AND INFORMATION IN THE SITE, EVEN IF JONES/NCTI HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. The Terms
of Use and the relationship between you and Jones/NCTI shall be governed by
and construed in accordance with the laws of the State of Colorado without
regard to its conflict of laws analysis.
Waiver. Jones/NCTI's failure
to exercise or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision unless acknowledged
and agreed to by Jones/NCTI in writing.
Severability. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be
invalid or unenforceable, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected
in such provision, and, notwithstanding such finding, all other provisions
of the Terms of Use shall remain in full force and effect.
Time Limitation. You agree
that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to the Terms of Use or use of the
Web site must be filed within one year after such claim or cause of action
arose or be forever barred.
Headings. The section
headings and sub-headings contained in the Terms of Use are for convenience
only and have no legal or contractual effect.
Support. If you have any
questions or concerns about this Web site, the Terms of Use of Privacy
Policy, please contact: infouse@jonesncti.com