These Terms of Use ("TOU") govern your use of the NxSystemsInc.com Website (“NxSystems™ Website”) and the information obtained from the NxSystems™ Website (collectively, the "NxSystems™ Information"), and by using the NxSystems™ Website, you hereby agree to these TOU for the benefit of NxSystems™, Inc. ("NxSystems™"). You and your company using the NxSystems™ Website and the NxSystems™ Information are referred to in these TOU as the "User."
Use of the NxSystems™ Website and Data. NxSystems™ hereby grants User, on the terms of these TOU and the Agreement (if applicable), the non-exclusive right to access the NxSystems™ Website and view and use the NxSystems™ Information solely for User's internal business purposes. The NxSystems™ Information and the NxSystems™ Website are not intended to be used in connection with research where the primary use of such information is for making investment decisions. Any use of the NxSystems™ Information or the NxSystems™ Website for such purposes shall be at User's sole risk. User shall not have the right to display, publish, distribute, disseminate or otherwise make public any NxSystems™ Information without NxSystems™ prior written consent and that in all events User may not rely on the accuracy of the NxSystems™ Information in making any/all decisions concerning the usage of content.
Modification of NxSystems™.com. NxSystems™ reserves the right at any time to revise and modify the NxSystems™ Website and the NxSystemsInc.com system and to alter their features, specifications, capabilities and/or functions, without notice to User.
Ownership of NxSystems™.com. NxSystems™, Inc. is the exclusive owner of the NxSystems™ Website, the NxSystemsInc.com system and concept, the NxSystems™ Information as represented by the NxSystemsInc.com system, and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOU shall be construed as granting to User any intellectual property rights therein. All rights not granted to User are expressly reserved to NxSystems™. User shall not have the right to sell, sublicense, transfer, or grant any rights in NxSystemsInc.com or any NxSystems™ Information to any third party.
No Warranties. THE NXSYSTEMSINC.COM SITE AND INFORMATION AVAILABLE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NxSystems™ DOES NOT WARRANT THAT THE NXSYSTEMSINC.COM SITE WILL BE ERROR-FREE OR UNINTERRUPTED, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.
Limitation of Liability. IN NO EVENT SHALL NxSystems™, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF THE NXSYSTEMSINC.COM SITE, OR ANY NxSystems™ INFORMATION, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE NXSYSTEMSINC.COM SITE OR THE NxSystems™ INFORMATION OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN THE NxSystems™ INFORMATION, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF NxSystems™ TO USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED ONE DOLLAR.
Indemnification. User agrees to indemnify, defend and hold harmless NxSystems™, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the NxSystems™ Website or the NxSystems™ Information.
Amendment of TOU. NxSystems™ shall have right to update, amend or restate these TOU without the consent of User and without prior notice to User.
Miscellaneous. These TOU will be governed by the laws of the State of Oregon. Any action or proceeding arising from or relating to these TOU shall be brought in a federal court in the State of Oregon or in state court in Multnomah County, Oregon, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these TOU, the prevailing party will be entitled to receive reasonable attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these TOU on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these TOU is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
