While NACM does its best to ensure the optimal performance of the site, you agree that you use this site and rely on material contained in this site at your own risk. The site, and all materials in this site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that NACM DOES NOT WARRANT that the site is fit for any particular purpose; that the functions contained in the materials in the site will be uninterrupted; that defects will be corrected; that the site is free of viruses and other harmful components or that the site is accurate, error free or reliable. You acknowledge that NACM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that NACM, Inc. is not liable for any defamatory, offensive or illegal conduct or material found in connection with this site, including such conduct or material transmitted by any means by any other person. You acknowledge that NACM, Inc. is not liable for any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with or arising from your use or from your inability to use the site.
You agree to defend, indemnify and hold harmless NACM against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this site; your failure to use the site; your breach or alleged breach of this agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
NACM reserves the right to immediately terminate your use of, or access to, this site at any time if NACM decides at its sole discretion that you have breached this agreement or any relevant law, rule or regulation or you have engaged in conduct that NACM considers to be inappropriate or unacceptable.
If you believe that any material contained in this site infringes your copyright, you should notify NACM of your copyright infringement claim in accordance with the following procedure. NACM will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c) (3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.