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General Terms and Conditions
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By accessing to this web site and by doing business
with Noble Technologies (hereafter called Nobtech), you agree to
these terms and conditions. Nobtech reserves the right to change
these terms and conditions, as well as products, services, prices,
and programs mentioned in its web sites at any time, at its sole
discretion, without notice. Nobtech reserves the right to seek all
remedies available by law and in equity for any violation of these
terms and conditions. Any rights not expressly granted herein are
reserved. Please read this Agreement and Disclaimer carefully. If
you do not accept this Agreement, do not use a service or a product
from Nobtech.
We reserve the right to refuse service to anyone.
Use of Web Site
Except as
otherwise indicated on its web sites, you may view, print, copy,
and distribute documents on this site subject to the following
terms and conditions:
- The document
may be used solely for informational, personal, non-commercial
purposes;
- Any copy of
the document or portion thereof must include all copyright and
proprietary notices in the same form and manner as on the
original;
- The document
may not be modified in any way; and
- Nobtech
reserves the right to revoke such authorization at any time, and
any such use shall be discontinued immediately upon notice from
Nobtech.
Documents
specified above do not include the layout or design of this web
site. Elements of this site are protected by trade dress or other
laws and may not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or
images on this web site, which may be reproduced or distributed only
when expressly permitted by Nobtech.
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Pricing,
Specifications
Prices and
specifications of services are subject to change without notice. Any
typographical, photographic, or specification error in a service,
pricing or an offer is subject to correction. Nobtech may change its
pricing or specification after an order confirmation or response
email but prior to commencing the service, due to errors, changing
market conditions or typographical errors.
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Customer Information,
Comments and Feedback
Nobtech does not
share its customer list to any business partner. Please see our
Privacy Pledge. Comments or ideas transmitted to this
site become the sole property of Nobtech and may be shared to expand
or improve the functionality of the site or of our product or
service offerings.
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Submissions
With the exception
of credit card numbers and information for the purchase of products
and services, Nobtech does not want to receive confidential or
proprietary information through its web site. You also agree that:
- Nobtech is
free to use any ideas, concepts, or techniques that you send to
Nobtech for any purpose, including, but not limited to,
developing, manufacturing, and marketing products that
incorporate such ideas, concepts, or techniques.
- Nobtech may,
but is not obligated to, review or monitor areas on its site
where users may transmit or post communications, including
bulletin boards, chat rooms, and user forums.
- Nobtech is not
responsible for the accuracy of any information, data, opinions,
advice, or statements transmitted or posted on bulletin boards,
chat rooms, and user forums.
- You are
prohibited from posting or transmitting to or from this web site
any libelous, obscene, defamatory, pornographic, or other
materials that would violate any laws. However, if such
communications do occur, you are solely responsible for it, and
agree to indemnify and hold harmless Nobtech, its employees,
agents, directors, owners, affiliates, representatives,
corporate successors and licensers against any claim arising
from any such communications.
This user
agreement and any disputes arising out of or related to the site
shall be governed by, and construed and enforced in accordance with
the laws of, and by the courts of, California, USA.
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Use of Software
The software and
accompanying documentation available to download from this site are
the copyrighted work of the corresponding software making company.
Use of the software is governed by the terms of the end user license
agreement, which accompanies such software. If no license
accompanies the download, the terms of the license which accompanied
the original product being updated will govern. You will not be able
to use, download, or install any software unless you agree to the
terms of such end user license agreement.
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Linking to Nobtech.com
Nobtech permits
anyone to link to Nobtech subject to the linker's compliance with
the following terms and conditions:
A site that links to Nobtech:
- May link to, but not replicate, content contained in
Nobtech.com;
- Must not create a border environment or browser around content
contained in Nobtech.com;
- Must not present misleading or false information about Nobtech
services or products;
- Must not misrepresent Nobtech's relationship with the linker;
- Must not imply that Nobtech is endorsing or sponsoring the
linker or the linker's services or products;
- Must not use Nobtech's logos or trade dress without prior
written permission from Nobtech;
- Must not contain content that could be construed as obscene,
libelous, defamatory, pornographic or inappropriate for all
ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon
Nobtech's request pursuant to Nobtech's reserved rights to
rescind its consent to allow the link.
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Links to third party sites
Nobtech provides links to third-party web sites. The linked sites
are not under the control of Nobtech and Nobtech is not responsible
for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Nobtech is not
responsible for the reliability of any data, opinions, advice, or
statements made on third-party sites. Nobtech provides these links
merely as a convenience. By accessing a non-Nobtech web site, you do
so at your own risk. Nobtech makes no representations about
third-party web sites. The inclusion of such links does not imply
that Nobtech endorses, recommends, or accepts any responsibility for
the content of such sites.
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Third-Party Product and
Service
Nobtech.com web site contains mention of third-party products and
services for informational purposes. Nobtech makes no
recommendations or endorsements about third-party products and
services. References to third-party services and products are
provided by Nobtech "as is", without warranty of any kind, either
express or implied.
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Trademarks and Service Marks
Nobtech.com is the official web site of Noble Technologies. All
other trademarks are the property of their respective companies.
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Copyright Notice
All content on this site is the property and copyright of Nobtech or
its content suppliers and protected by U.S. and international
copyright laws. All software used on this site is the property of
Nobtech or its software suppliers and protected by U.S. and
international copyright laws. Users of this site may use the content
and software on this site as a shopping resource. Any other use,
including the reproduction, modification, distribution,
transmission, republication, display or performance, of the content
on this site is strictly prohibited.
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Miscellaneous
Nobtech may revise these terms and conditions at any time by
updating the Nobtech.com web site.
Nobtech may terminate service
to the subscriber at any time, without notice, for violation of this
agreement.
Nobtech will not be liable for any damages or harm to
the account holder resulting from such termination.
These terms
and conditions are governed and construed by the laws (but not the
rules governing conflicts of law) of the State of California.
You agree that if any part of these terms and conditions are found
to be unenforceable, the remainder of these terms and conditions
will remain in full force and effect.
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Privacy Pledge |
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User privacy is Honored
To assure your
privacy and worry-free submission, Nobtech will use its best efforts
to maintain, but does not guaranty, the privacy of your personal
information. We take our commitment to our customers very seriously.
Submitted information through your e-mail is filed and used for
enhancing the features and content of Nobtech.com web site, and it
is not used nor shared in any other way.
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User information is encrypted
(secured)
Nobtech employs an
encryption technology to protect your information from unauthorized
use. There are areas on Nobtech web sites where you enter and submit
private information. All these areas are protected using encrypted
transmissions between your web browser and our web server. This is
to protect your information from unauthorized use such as a remote
chance that someone (e.g. on your network at work or at your
Internet Service Provider) may try to compromise your private
information as it travels from your web browser to our secure
server. Usually when you enter a secure page a security icon
on your browser tells that the transmitted data through that page is
safe, either
a key (for Netscape)
or a lock
(for Microsoft Internet Explorer).
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"NO" to spaming
We at Nobtech
believe that the most irritating thing in the cyber-world is the
SPAM. To this end, we need your trust that you will only receive
e-mails from Nobtech - to confirm your order or if you subscribe to
one of our e-mail newsletters.
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Disclaimer |
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NOBTECH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE. YOU ACCESS AND USE NOBTECH SERVICES
AND WEB SITES AT YOUR OWN RISK. IN NO EVENT SHALL NOBTECH, ITS
SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES OR AGENTS (COLLECTIVELY, "NOBTECH") BE
LIABLE FOR:
- (I) ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE
NOBTECH SERVICE, PRODUCT OR ANY INFORMATION PROVIDED ON THE
NOBTECH WEB SITE OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
ON YOUR INFORMATION HANDLING SYSTEM, HOWEVER CAUSED, WHETHER FOR
BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT
NOBTECH OR A NOBTECH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR
- (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN
NOBTECH SERVICES OR WEB SITES OR ANY HYPER LINKED WEB SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NOBTECH'S
LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR
LIMITED REMEDY.
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Disclaimer of Warranty
NOBTECH HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
The disclaimer by Nobtech in no way affects the terms of the
manufacturer's warranty if any. This disclaimer includes any
representations or warranties regarding Y2K issues or compliance and
Nobtech assumes no liability regarding whether any of the products
or services sold at Nobtech.com, if any, are Y2K Compliant. Y2K
representations and warranties, if any, may be available directly
from the manufacturer or publisher of certain products.
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Force Majeure
Neither party shall
be liable hereunder by reason of any failure or delay in the
performance of its obligations hereunder on account of strikes,
shortages, riots, insurrection, fires, flood, storm, explosions,
acts of God, war, governmental action, labor conditions, earthquakes
or any other cause which is beyond the reasonable control of such
party.
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Nobtech announcements
Nobtech press
releases, announcements, and posting to this and other web sites
contain forward looking statements that involve risk and
uncertainties.
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Compliance with Laws |
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Governing Law and
Jurisdiction
You agree that all
matters relating to your access to, or use of, Nobtech web sites
shall be governed by the laws of the State of California (except for
conflict of law provisions). The exclusive forum for any actions
brought in connection with this Agreement shall be in the state and
federal courts in and for the State of California and you consent to
such jurisdiction. The application of the United Nations Convention
on the International Sale of Goods is expressly excluded.
Nobtech makes no
representation that services and products offered on its web sites
are appropriate or available for use in all countries, and prohibits
accessing materials from territories where contents are illegal.
Nobtech controls and operates its web sites from its offices in the
state of California, United States and makes no representations or
warranties that these materials are appropriate or available for use
in other locations, and access to them from territories where their
contents are illegal is prohibited. If you use Nobtech.com site from
other locations, you are responsible for compliance with applicable
local laws.
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Export Control Laws
Software
available on Nobtech web sites is subject to United States export
controls. No software from these web sites may be downloaded or
otherwise exported or re-exported: (1) into (or to a national or
resident of) any country to which the United States has embargoed
goods; or (2) to anyone on the United States Treasury Department's
list of Specially Designated Nationals or the United States Commerce
Department's Table of Denial and Prohibition Orders.
By downloading or using software from these web sites, you are
agreeing to the foregoing and all applicable export control laws.
You are also warranting that you are not under the control of,
located in, or a resident or national of any such country or on any
such list.
The information on export laws provided herein is not necessarily
complete. For more information on export laws, please refer to 15
C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce
Department, Bureau of Export Administration at (408) 998-7402, (202)
482-2440, or (202) 482-4811.
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United States Government Rights
All Nobtech
services, products and publications are commercial in nature. The
software, publications, and software documentation available on this
web site are "Commercial Items", as that term is defined in 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are defined in 48
C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and
used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable.
Pursuant to 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R.
§227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other
relevant sections of the Code of Federal Regulations, as applicable,
Nobtech's publications, commercial computer software, and commercial
computer software documentation are distributed and licensed to
United States Government end users with only those rights as granted
to all other end users, according to the terms and conditions
contained in the license agreements that accompany the products and
software documentation, and the terms and conditions herein.
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Terms of Web Accounts Service |
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This agreement
documents the terms of service for web accounts hosted by
Nobtech to the subscriber.
1. Mail abuse (including, but not limited to, mass mailing
unsolicited email and email forgery) and usenet news abuse
(including, but not limited to, mass cross posting articles and
posting unrelated to group topics), whether direct or indirect,
whether used externally to promote a site at Nobtech or sent via
Nobtech account, is prohibited.
2. Use of Nobtech's facilities to commit network abuse (including,
but not limited to, denial of service attacks such as ping
bombing, email bombing, "smurf", "winnuke", "land", "teardrop",
etc.) or otherwise compromise the security of hosts or networks
is prohibited.
3. The subscriber is solely responsible for determining the
legality of their data which is stored or transmitted.
4. Should the subscriber become the target of a network attack,
Nobtech reserves the right to take any necessary actions
(including, but not limited to, temporary suspension of the
subscriber's account) required to return server or network
operation to normal.
5. Nobtech will use its best efforts to maintain, but does not
guarantee, the privacy of email, network use, and the contents
of user directories.
6. Use of Nobtech services, including the storage of information,
is at the subscriber's sole risk. Nobtech does not warrant
either the results to be obtained from the service or that the
service will be uninterrupted or error free. Nobtech’s services
are provided on an "as is" basis without warranties of any kind,
either express or implied. Neither Nobtech nor anyone else
involved in creating, producing, or delivering Nobtech services
shall be liable for any direct, indirect, incidental, special or
consequential damages arising out of the use of or inability to
use Nobtech products and services, or any breach of any
warranty. The provisions of this paragraph will survive
termination of this agreement.
7. The subscriber will indemnify and hold harmless Nobtech against
any loss, damage, cost and expense which Nobtech may incur or
become liable for by reason of claims or actions for libel,
violation of privacy rights, plagiarism, copyright infringement,
and claims arising in connection with data transmitted pursuant
to the terms and provisions of this agreement and any claims or
suits resulting from the subscriber's use of the service
including, without limitation, the expense and cost of defending
any and all such claims and actions, except where such claims
result solely from the negligence of Nobtech’s failure to
perform its obligations under this agreement. The provisions of
this paragraph shall survive termination of this agreement.
8. Accounts are invoiced monthly. Payment is due as specified on
the invoice. Overdue accounts may be terminated or suspended at
Nobtech discretion.
9. Nobtech may terminate service to the subscriber at any time,
without notice, for violation of this agreement. Nobtech will
not be liable for any damages or harm to the subscriber
resulting from such termination.
10. The subscriber may terminate their account at any time. The
request to terminate the account must be in writing sent via an
email message, by postal mail or by fax.
11. Use of a Nobtech account indicates acceptance of the terms of
this agreement by the subscriber.
12. This agreement shall be governed by and construed in
accordance with the law of California. This agreement contains
the full understanding of the parties with respect to the
subject matter hereof. Any email correspondence with the
subscriber which is in any way inconsistent with, or which adds
to, the provisions of this agreement is null and void.
NOTE: Web designs and developments
created by Nobtech are always put on hold until the web site's
legal owner review's and gives final approval for the content
and material presented and advertised within the web site. After
the final approval the web site is being uploaded to the servers
and is being activated for cyber visitors. Having the legal
right for the content of the web site is always the web site's
legal owner's responsibility.
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