Introduction and Acceptance of Terms
As used in this Agreement, you or user means both (a) the individual visiting submitting personal information, searching, using the Site or an existing user of the Site and (b) if applicable, the company or other business or governmental entities specified by you upon use of the Site (your entity). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.
Scope of Applicability
- This Agreement applies to all visitors and users of the Site.
- The site may contain links to third party websites that are not owned or controlled by NITS or its affiliates. We have no control over and assume no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the site, you expressly agree to indemnify, defend and hold harmless NITS and its respective members, shareholders, managers, directors, employees, licensors, attorneys, owners, operators, affiliates, predecessors, successors, assigns, insurers or agents from any claims, suits, liabilities, losses or expenses (including actual attorneys' fees) which arise from third party claims relating to use by you or any other person accessing the site with your personal information.
- Accordingly, we encourage you to be aware when you leave NITS and to read the terms and conditions and privacy policies of each other website that you visit.
- Third Party Content. You acknowledge NITS websites may permit third parties to submit content and agree to verify the accuracy of any such content prior to using relying on any content obtained through the use of NITS'websites. All NITS website content is subject to the Warranty Disclaimer below.
You agree not to alter, modify or delete any part of NITS or the content featured or displayed on NITS and agree not to circumvent, disable or otherwise interfere with any security features of NITS, including without limitation those security features which prevent or restrict the use and/or copying of NITS'Content.
- No bots. You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers or any other device, software, hardware or program that accesses NITS in a manner that sends more request messages to the NITS servers in a given period of time than a human can reasonably produce in the same time period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from NITS, nor to use any communication systems that may be provided by NITS for any commercial solicitation purposes, other than as expressly permitted elsewhere in this Agreement.
- Liability for Loss. NITS will not be liable for any losses you sustain as a result of unauthorized use of the Site. You will be further liable for all losses sustained by NITS or others due to such unauthorized use, including all costs, attorneys'fees and other damages that directly or indirectly relate to use by you or any other person accessing the Site through you. In the event that NITS or its affiliates should bring any action or claim arising out of this Agreement against you in which we prevail, you must pay to us any and all costs incurred by NITS in enforcing the terms and conditions of this Agreement, including actual attorneys'fees, court costs and all other costs and fees associated with such action.
- Discontinuation of Services. NITS reserves the right to discontinue its Site or any products or services offered on the Site at any time.
- Termination and Suspension of Website Access. We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement. We may terminate or suspend your ability to visit or use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other visitors or users legal liability, harm or loss, we reserve the right to notify other visitors and users of your actions.
Digital Millennium Copyright Act
- NITS is protected under Title II of the Digital Millennium Copyright Act (DMCA). As such, NITS will respond to any allegations of copyright violations in accordance with the DMCA. Below you will find our policies and
takedown notices as required by the DMCA. The following applies to any and all copyrights/trademarks and owners of intellectual property interested in utilizing this procedure, as well as service users interested
in restoring access to material mistakenly taken down or not used due to a perceived DMCA violation or infringement of a third party's intellectual property rights.
NITS will follow the procedures provided in the DMCA to properly enforce rights of copyright holders. When a proper DMCA notification is received by the designated DMCA Agent or an administrator becomes otherwise aware that copyright rights are infringed, we will remove or disable access to infringing materials as soon as possible. NITS will not necessarily send a confirmation regarding the removal/disabling.
- If you are a copyright owner or an agent thereof and believe that any other submission made by another user to the Site or services or other content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512I(3) for further detail):
- A 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 you, such as an address, telephone number and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Agent. NITS'designated Copyright Agent to receive notifications of claimed infringement may be contacted through [INSERT COPYRIGHT AGENT ADDRESS]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, reports of abuse, requests for technical support and other communications should be directed to NITS customer service through [INSERT NITS CUSTOMER SERVICE ADDRESS]. You acknowledge that if you fail to comply with all the requirements of this Section your DMCA notice may not be valid.
- Counter-Notice. If you believe that any materials information, products or goods submitted by you to NITS that was or were removed (or to which access was disabled) is not infringing or that you have the authorization
from the copyright owner, the copyright owner's agent or pursuant to the law, to post and use the consent in your Advertising Assets, you may send a counter-notice containing the following information to the Copyright
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of Oakland County, Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, NITS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NITS'sole discretion.
We will act on all abuse reports and confront offending users. Users found to be guilty of this Agreement or any patent, copyright or trademark infringement will either receipt a warning or will prohibited from further using the Site, with sole discretion as to handling of the infraction remaining with us.
You agree that your use of the site shall be at your sole risk. To the fullest extent permitted by law, NITS and its respective officers, directors, managers, employees and agents disclaim all warranties, express or implied, in connection with NITS and use of the site. NITS makes no warranties or representations about the accuracy or completeness of NITS' content or the content of any sites linked to NITS and assumes no liability or responsibility for any (1) errors, mistakes or inaccuracies of content, (2) personal injury or property damages of any kind whatsoever resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from NITS, (5) any bugs, viruses, Trojan horses or the like which may be transmitted to or through NITS by any third party and (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content or advertising assets posted, emailed, transmitted or otherwise made available via NITS. NITS does not warrant, endorse, guarantee or assume liability.
Limitation of Liability
Not with standing anything to the contrary, in no event shall NITS and its respective members, shareholders, managers, directors, officers, employees, licensors, attorneys, owners, operators, affiliates, predecessors, successors, assigns, insurers or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever in an amount greater than the amounts paid by you underneath NITS that result from: (1) any errors, mistakes or inaccuracies of content, (2) any personal injury or property damage of any nature whatsoever resulting from your access to and use of the site or use of any NITS programs, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from NITS, (5) any bugs, viruses, Trojan horses or the like which may be transmitted to or through NITS by any third party and (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via NITS, whether based on warranty, contract, tort or any other legal theory and whether or not NITS is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the state of Michigan. You specifically acknowledge that NITS shall not be liable for user's content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In no event shall NITS be responsible for any violation of this agreement or any damages directly or indirectly suffered by you. NITS is controlled and offered by NITS from its facilities in the United States of America, state of Michigan. Nits makes no representations that NITS is appropriate or available for use in other locations. Those who access or use NITS from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.
You agree to defend, indemnify and hold harmless NITS and its respective parents, subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorneys'fees) arising from (i) your use of or access to NITS; (ii) your violation of any provision of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Site.
You affirm that you are 18 years of age or older or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NITS without restriction.
You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn or impugn the personal, professional or business reputation of NITS and its shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.
Notwithstanding anything to the contrary, NITS may disclose personally identifiable information, business records or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate NITS or NITS'business; (2) If a court order, arbitration order or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested products, goods or services; or (4) NITS finds that your actions violate NITS'policies or usage guidelines. In addition, NITS may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by NITS to illustrate patterns and trends of site access and usage.
If you have any questions about these Terms, please contact us.