Terms of Service Agreement
Welcome to NB Services, operated by a team, located at louisiana
from india. By using the website located at nb-services.org, the
related mobile website, and the mobile application
(collectively, the “Websites”), you agree to be bound by these
Terms of Service (this “Terms of Service” or “Agreement”),
whether or not you register as a member of NB Services
("Member"). If you wish to become a Member and/or make use of
the service (the “Service”), please read this Agreement. If you
object to anything in this Agreement or the NB Services Privacy
Policy, do not use the Service. This Agreement is subject to
change by NB Services at any time, effective upon posting on the
relevant website. Your continued use of the Websites and the
Service following NB Services posting of revised terms of any
section of the Agreement will constitute your express and
binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract
that sets out the legally binding terms of your use of the
Websites and the Service. This Agreement may be modified by NB
Services from time to time, such modifications to be effective
upon posting by NB Services on the
Websites. By accessing and/or using the Websites or becoming a
Member, you accept this Agreement and agree to the terms,
conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this
electronic Agreement, you must have access to the Internet,
either directly or through devices that access web-based
content, and pay any service fees associated with such access.
In addition, you must use all equipment
necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. Please
print a copy of this document for your records. To retain an
electronic copy of this Agreement, you may save it into any word
processing program.
2. Commercial Use of Service. If you are using the Service
and/or accessing the Websites on behalf of a company, entity, or
organization (collectively, a “Subscribing Entity”), you
represent and warrant that:
a. You are an authorized representative of the Subscribing
Entity, and that you have the authority to bind the Subscribing
Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the
Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but
are not limited to, browsing or downloading illegal content,
collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited
email, unauthorized framing of or linking to the Websites,
sharing or disclosing your username or password to any third
party or
permitting any third party to access your account, attempting to
impersonate another user or person, use of the Websites in any
fraudulent or misleading manner, any automated use of the
system, such as scraping the Websites, automated scripts,
spiders, robots, crawlers, data mining tools or the like,
interfering with, disrupting, or creating an undue burden on the
Websites
or the networks or services connected to the Websites, and using
the Websites in a manner inconsistent with any and all
applicable laws and regulations. Illegal and/or unauthorized use
of the Websites may be investigated, and appropriate legal
action may be taken, including without limitation, civil,
criminal, and injunctive redress. Use of the Websites and
Service is with the
permission of NB Services, which may be revoked at any time, for
any reason, in NB Services’s sole discretion.
3. Account Security. You are responsible for maintaining the
confidentiality of the username and password that you designate
during the registration process, and you are fully responsible
for all activities that occur under your username and password.
You agree to (a) immediately notify NB Services of any
unauthorized use of your username or password or any other
breach of
security, and (b) ensure that you exit from your account at the
end of each session. NB Services will not be liable for any loss
or damage arising from your failure to comply with this
provision. You should use particular caution when accessing your
account from a public or shared computer so that others are not
able to view or record your password or other personal
information. If you share your computer with others, you may
wish to consider disabling your
auto-login feature if you have it linked to your NB Services
account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture,
any content from the Websites (the “Content”) or any part of the
Websites, unless given express permission by NB Services.
c. You must not copy, republish, adapt, make available or
otherwise communicate to the public, display, perform, transfer,
share, distribute or otherwise use or exploit any Content on or
from the Platform, except (i) where such Content is created by
you (such content, “Your Content”), or
(ii) as permitted under these Terms of Service, and within the
parameters set by the person or entity that uploaded the Content
(the “Uploader”) (for example, under the terms of Creative
Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any
way that is designed to create a separate content service or
that replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to
aggregate, repurpose, republish or otherwise make use of any
Content.
f. You must not employ the use of bots, botnets, scripts, apps,
plugins, extensions or other automated means to register
accounts, log-in, post comments, or otherwise to act on your
behalf, particularly where such activity occurs in a multiple or
repetitive fashion. You must not offer or promote the
availability of any such techniques or services to any other
users of the
Websites.
g. You must not alter or remove, or attempt to alter or remove,
any trademark, copyright or other proprietary or legal notices
contained in, or appearing on, the Websites or any Content
appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or
adapt the object code of the Websites, or reverse engineer,
reverse assemble, decompile, modify or attempt to discover any
source or object code of any part of the Websites, or circumvent
or attempt to circumvent or copy any copy protection mechanism
or access any rights management information pertaining
to Content other than Your Content.
i. You must not use the Websites to upload, post, store,
transmit, display, copy, distribute, promote, make available or
otherwise communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory,
obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, that promotes violence, terrorism, or
illegal acts, incites hatred on grounds of race, gender,
religion or sexual orientation, or is otherwise objectionable in
NB Services’s sole and reasonable discretion;
● any information, Content or other material that violates,
plagiarizes, misappropriates or infringes the rights of third
parties including, without limitation, copyright, trademark
rights, rights of privacy or publicity, confidential information
or any other right; or
● any Content that violates, breaches or is contrary to any law,
rule, regulation, court order or is otherwise is illegal or
unlawful in NB Services’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan
horse, spyware, adware, malware, bot, time bomb, worm, or other
harmful or malicious component, which will or might overburden,
impair or disrupt the Websites or servers or networks forming
part of, or connected
to, the Websites, or which does or might restrict or inhibit any
other user's use and enjoyment of the Websites; or
● any unsolicited or unauthorized advertising, promotional
messages, spam or any other form of solicitation.
j. You must not commit or engage in, or encourage, induce,
solicit or promote, any conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any
law or regulation.
k. You must not rent, sell or lease access to the Websites, or
any Content on the Websites, although this will not prevent you
from including links from Your Content to any legitimate online
download store from where any item of Your Content may be
purchased.
l. You must not deliberately impersonate any person or entity or
otherwise misrepresent your affiliation with a person or entity,
for example, by registering an account in the name of another
person or company, or sending messages or making comments using
the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise
harass another user, or any NB Services employee. If we feel
that your behavior towards any of our employees is at any time
threatening or offensive, we reserve the right to immediately
terminate your membership and you will not be entitled to any
refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer,
any NB Services account to any third party without the prior
written approval of NB Services.
o. You must not collect or attempt to collect personal data, or
any other kind of information about other users, including
without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or
circumvent any data security measures employed by NB Services or
any Uploader; access or attempt to access data or materials
which are not intended for your use; log into, or attempt to log
into, a server or account which you are not authorized to
access; attempt to scan or test the vulnerability of NB
Services’s servers, system or network or attempt to breach NB
Services’s data security or authentication
procedures; attempt to interfere with the Websites or the
Services by any means including, without limitation, hacking NB
Services’s servers or systems, submitting a virus, overloading,
mail-bombing or crashing. Without limitation to any other rights
or remedies of NB Services under these Terms of Service, NB
Services reserves the right to investigate any situation that
appears
to involve any of the above, and may report such matters to, and
cooperate with, appropriate law enforcement authorities in
prosecuting any users who have participated in any such
violations. You agree to comply with the above conditions, and
acknowledge and agree that NB Services
has the right, in its sole discretion, to terminate your account
or take such other action as we
see fit if you breach any of the above conditions or any of the
other terms of these Terms of Service. This may include taking
court action and/or reporting offending users to the relevant
authorities.
5. Representations and Warranties. You hereby represent and
warrant to NB Services as
follows:
a. Your Content, and each and every part thereof, is an original
work by you, or you have obtained all rights, licenses, consents
and permissions necessary in order to use, and (if and where
relevant) to authorize NB Services to use, Your Content pursuant
to these Terms of Service, including, without limitation, the
right to upload, reproduce, store, transmit, distribute, share,
publicly display, publicly perform, make available and otherwise
communicate to the
public Your Content, and each and every part thereof, on,
through or via the Websites, any and all Services and any third
party services.
b. Your Content and the availability thereof on the Platform
does not and will not infringe or violate the rights of any
third party, including, without limitation, any intellectual
property rights, performers' rights, rights of privacy or
publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions
and/or releases from any and all persons appearing in Your
Content in order to include their name, voice, performance or
likeness in Your Content and to publish the same on the Websites
and via any third party services.
d. Your Content, including any comments that you may post on the
Websites, is not and will not
be unlawful, offensive, abusive, libelous, defamatory, obscene,
racist, sexually explicit, ethnically or culturally offensive,
indecent, will not promote violence, terrorism, or illegal acts,
or incite hatred on grounds of race, gender, religion or sexual
orientation.
e. Your Content does not and will not create any liability on
the part of NB Services, its subsidiaries, affiliates,
successors, and assigns, and their respective employees, agents,
directors, officers and/or shareholders.
NB Services reserves the right to remove Your Content, suspend
or terminate your access to the Platform and/or pursue all legal
remedies if we believe that any of Your Content breaches any of
the foregoing representations or warranties, or otherwise
infringes another person's rights or violates any law, rule or
regulation.
6. Term. This Agreement will remain in full force and effect
while you use the Websites and/or Service. You may terminate
your membership and/or subscription at any time by contacting us
at nb-services.org. If you resign or cancel your membership
and/or subscription to NB Services, to help NB Services analyze
and improve the Service, you may be asked to provide a reason
for your resignation/cancellation. NB Services may terminate
your membership and/or subscription for any reason by sending
notice to you at the email address you provide in your
application for membership, or such other email address as you
may later provide to NB Services. If NB Services
terminates your membership in the Service because you have
breached this Agreement, you will not be entitled to any refund
of unused subscription fees. All decisions regarding the
termination of accounts shall be made in the sole discretion of
NB Services. NB Services is not required to provide you notice
prior to terminating your membership and/or subscription. NB
Services is not required, and may be prohibited, from disclosing
a reason for the termination of your account. Even after your
membership or subscription is terminated, this Agreement will
remain in effect. All terms that by their nature may survive
termination of this Agreement shall be deemed to survive such
termination.
7. Modifications to Service. NB Services reserves the right at
any time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that NB Services shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
8. Blocking of IP Addresses. In order to protect the integrity
of the Services, NB Services reserves the right at any time in
its sole discretion to block Members from certain IP addresses
from accessing the Websites.
9. Content.
a. Proprietary Rights. NB Services retains all proprietary
rights in the Websites and the Service. The Websites contains
the copyrighted material, trademarks, and other proprietary
information of NB Services, and its licensors. Except where we
have given you express written permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell
any such
proprietary information. All content on NB Services is
proprietary. Except where otherwise specified in this Agreement,
all Content is copyrighted material of NB Services and for NB
Services’s Members' use only. Distribution of Content to others
is strictly prohibited. You agree that NB Services would be
irreparably harmed by any violation or threatened violation of
this
section and that, therefore, NB Services shall be entitled to an
injunction prohibiting you from any violation or threatened
violation of this section, without posting bond, in addition to
any other
right or remedy it may have. We may provide links to third party
websites, and some of the content appearing on NB Services may
be supplied by third parties. NB Services has no responsibility
for these third party websites
nor for their content, which is subject to and governed by the
Terms of Service and/or privacy policies, if any, of the
applicable third party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the
Service
shall become the property of NB Services. This shall have no
effect on Sections (Copyright Policy), (Limitation of
Liability), and (Indemnity by You) of this Agreement. However,
with respect to Your Content, NB Services grants you a
worldwide, royalty-free and non-exclusive license(s) to use,
distribute, reproduce, and publicly display such content, except
with regard to commercial or for-profit use account.
Any Content other than Your Content is the property of the
relevant Uploader, and is or may be subject to copyright,
trademark rights or other intellectual property or proprietary
rights. Such Content may not be downloaded, reproduced,
distributed, transmitted, re-uploaded, republished, displayed,
sold, licensed, made available or otherwise communicated to the
public
or exploited for any purposes except via the features of the
Websites from time to time and within the parameters set by the
Uploader on the Service or with the express written consent of
the Uploader. Where you repost another user's Content, or
include another user's Content in a set, you acquire no
ownership rights whatsoever in that Content. Subject to the
rights expressly
granted in this section, all rights in Content are reserved to
the relevant Uploader.
10. Restrictions on Use of Materials. You acknowledge that NB
Services contains images, text, and other content (collectively,
"Intellectual Property") that is protected by copyrights,
patents, trademarks, trade secrets and/or other proprietary
rights, and that these rights are valid and protected in all
forms, media and technologies existing now or hereafter
developed. All
Intellectual Property is copyrighted under the United States
copyright laws (and, if applicable, similar foreign laws), and
NB Services owns a copyright in the selection, coordination,
arrangement and enhancement of such Intellectual Property. All
trademarks appearing on this Websites are trademarks of their
respective owners. You may not modify, publish, transmit,
distribute, perform, participate in the transfer or sale, create
derivative works of, or in any way
exploit, any of the Intellectual Property, in whole or in part.
When Intellectual Property is downloaded to your computer, you
do not obtain any ownership interest in such Intellectual
Property. Modification of the Intellectual Property or use of
the Intellectual Property for any other purpose, including, but
not limited to, use of any Intellectual Property in printed form
or on any other website or networked computer environment is
strictly prohibited unless you receive our prior written
consent.
11. Copyright Policy. NB Services prohibits the submission or
posting of any information that infringes or violates the
copyright rights and/or other intellectual property rights
(including rights of privacy and publicity) of any person or
entity. Pursuant to Title 17, United States Code, Section
512(c)(2) or for any other claim of copyright infringement, you
hereby agree that notifications of claimed copyright
infringement be sent by certified mail to:
dmca@nb-services.org
If you believe that your intellectual property right (or such a
right that you are responsible for
enforcing) is infringed by any content on the Site, please write
to NB Services at the address shown above, giving a written
statement that contains:
a. identification of the copyrighted work and/or intellectual
property right claimed to have been infringed;
b. identification of the allegedly infringing material on the
Site that is requested to be removed;
c. your name, address, and daytime telephone number, and an
e-mail address if available;
d. a statement that you have a good faith belief that the use of
the copyrighted work and/or
exercise of the intellectual property right is not authorized by
the owner, its agent, or the law;
e. a statement that the information in the notification is
accurate, and, under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of the right that is
allegedly
infringed; and
f. the signature of the intellectual property right owner or
someone authorized on the owner's behalf to assert infringement
of the right.
NB Services will process any notice of alleged infringement
which it receives and will take appropriate action as required
by the Digital Millennium Copyright Act (DMCA) 17 U.S.C.
512(c)(3) or other applicable copyright law. U.S. law provides
significant penalties for submitting such a statement falsely.
Under appropriate circumstances, persons who repeatedly submit
infringing or unlawful material will be prohibited from posting
further submissions.
12. Liability for Content. You hereby acknowledge and agree that
NB Services (i) stores Content and other information at the
direction, request and with the authorization of its users, (ii)
acts merely as a passive conduit and/or host for the uploading,
storage and distribution of such Content, and (iii) plays no
active role and gives no assistance in the presentation or use
of the
Content. You are solely responsible for all of Your Content that
you upload, post or distribute to, on or through the Websites,
and to the extent permissible by law, NB Services excludes all
liability with respect to all Content (including Your Content)
and the activities of its users with
respect thereto. You hereby acknowledge and agree that NB
Services cannot and does not review the Content created or
uploaded by its users, and neither NB Services nor its
subsidiaries, affiliates, successors, assigns, employees,
agents, directors, officers and shareholders has any obligation,
and does not undertake or assume any duty, to monitor the
Websites for Content that is inappropriate, that does or might
infringe any third party rights, or has otherwise been uploaded
in breach of these Terms of Service or applicable law. NB
Services and its subsidiaries, affiliates, successors, assigns,
employees, agents, directors, officers and shareholders hereby
exclude, to the fullest extent permitted by law, any and all
liability which may arise from any Content uploaded to the
Websites by users, including, but not limited to, any claims for
infringement of intellectual property rights, rights of privacy
or publicity rights, any claims relating to publication of
defamatory, pornographic, obscene or offensive material, or any
claims relating to the completeness, accuracy, currency or
reliability of any information provided by users of the
Websites. By using the Websites, you irrevocably waive the
right to assert any claim with respect to any of the foregoing
against NB Services or any of its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers or
shareholders.
13. Repeat Infringers. NB Services will suspend or terminate
your access to the Websites if NB Services determines, in its
sole and reasonable discretion, that you have repeatedly
breached these Terms of Service.
If we receive a valid notification from a third party in
accordance with our reporting processes or applicable law that
any of Your Content infringes the copyright or other rights of
such third party, or if we believe that your behavior is
inappropriate and violates our Terms of Service, we will
send you a written warning to this effect. Any user that
receives more than two of these warnings is liable to have their
access to the Websites terminated forthwith. We will also
suspend or terminate your account without warning if ordered to
do so by a court, and/or in other appropriate circumstances, as
determined by NB Services at its sole discretion. Please note
that we do not offer refunds to Members whose accounts are
terminated as a result
of repeated infringement of these Terms of Service.
14. Limitation of Liability. In no event shall NB Services be
liable for any damages whatsoever, whether direct, indirect,
general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the Websites or
Service, or use thereof. Nothing contained in this Websites or
in any written or oral communications from NB Services or its
employees or agents
shall be construed to make any promise, covenant, or guaranty,
all of which are explicitly disclaimed hereby, contrary to the
statements and disclaimers contained in this paragraph. The
content and functionality on the Websites and the services
provided by employees of the Websites are offered "as is"
without warranty of any kind, either express or implied,
including, without limitation, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement. NB Services makes no warranties, express or
implied, as to the ownership, accuracy, completeness or adequacy
of the Websites’ content or that the functionality of the
Websites will be uninterrupted or error-free or free from virus
or third party attack. You hereby acknowledge that your use of
the Websites and the Service is at your sole risk. UNDER NO
CIRCUMSTANCES SHALL NB Services, ITS OFFICERS, OWNERS, EMPLOYEES
OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE
LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR
INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES
OR SERVICE OR THE
INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR
VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF
NB SERVICES HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.TO THE
GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT
WILL NB SERVICES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE,
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES IN ANY WAY
ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE
SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA;
LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL
PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR
MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL
INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF
NB Services HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH
SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to
be unenforceable, to the greatest extent permitted by law, you
agree that the entire aggregate liability of NB Services and
sole remedy available to any Member in any case in any way
arising out of or relating to the Agreement, Websites or the
Service shall be limited to monetary damages that in the
aggregate may not exceed the greater of $500.00 or the sum of
any amount paid by the Member or user to NB Services during the
six months prior to notice to NB Services of the dispute for
which the remedy is sought.
15. Indemnity by You. You agree to indemnify and hold NB
Services, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability,
claim, ordemand, including reasonable attorneys' fees, arising
out of or related to:
a. your use of the Service and/or Websites in violation of this
Agreement and/or arising from a breach of this Agreement
including without limitation your representations and warranties
set
forth above;
b. any third party claim of infringement of copyright or other
intellectual property rights or invasion of privacy arising from
the hosting of Your Content on the Websites, and/or your making
available thereof to other users of the Websites, and/or the
actual use of Your Content by other users of the Websites or
related services in accordance with these Terms of Service and
the parameters set by you with respect to the distribution and
sharing of Your Content;
c. any activity related to your account, either by you or by any
other person accessing your account with or without your consent
unless such activity was caused by the act of NB Services.
16. Attorney Fees. In the event that NB Services is successful
in whole or in part in any action or proceeding related to or
arising from this Agreement, you shall be responsible for NB
Services’s attorneys' fees and costs.
17. Parental or Guardian Permission. Some of the Content on the
Websites may not be appropriate for children. CHILDREN UNDER THE
AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A
SUPERVISING PARENT OR GUARDIAN IS PRESENT.
18. Privacy. Use of the Websites and/or the Service is also
governed by our Privacy Policy, located at nb-services.org
19. Jurisdiction and Choice of Law; Dispute Resolution. If there
is any dispute arising out of the Websites and/or the Service,
by using the Websites and/or Service, you expressly agree that
any such dispute shall be governed by the laws of the State of
Louisiana, without regard to its conflict of law provisions, and
you expressly agree and consent to the exclusive jurisdiction
and venue of the state and federal courts of the State of New
York, for the resolution
of any such dispute. Acceptance of the terms and conditions of
this Agreement constitutes your consent to be sued in such
courts and to accept service of process outside the State of
Lousiana with the same force and effect as if such service had
been made within the State of Louisiana. You hereby agree to
accept service of process for any action hereunder by certified
mail return receipt requested which service shall have the same
force and effect as though service had been effected by personal
service in the applicable jurisdiction.
If any part of these terms is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.
20. Arbitration Provision/No Class Action. Except where
prohibited by law, as a condition of using the Websites and/or
Service, you agree that any and all disputes, claims and causes
of action (collectively, "Claim") arising out of or connected
with the Websites and/or Service, shall be resolved
individually, without resort to any form of class action,
exclusively by binding
arbitration under the rules of the American Arbitration
Association for full and final settlement of such Claim, and
judgment on the award rendered in the arbitration may be entered
in any court having jurisdiction thereof. Such arbitration shall
be held in accordance with the Rules for Expedited Procedures
under the Commercial Arbitration Rules of the American
Arbitration Association or other mutually agreeable
organization, before a single arbitrator (with knowledge and
expertise of copyright law if the claim is all or partially for
copyright infringement), selected by agreement of both parties
or by an independent mediator (with knowledge and expertise of
copyright law if the claim is all or partially for copyright
infringement) if the parties are unable to agree. The parties
shall split the arbitration and/or mediator costs. An award
rendered by the arbitrator(s) may be entered and confirmed by
the courts of the State of Louisiana, County of East Baton Rouge
Parish. The parties agree that any post-arbitration action
seeking to enforce an
arbitration award or action seeking equitable or injunctive
relief shall be brought exclusively in the courts of the State
of Louisiana, County of East Baton Rouge Parish.
21. No Third Party Beneficiaries. You agree that, except as
otherwise expressly provided in this Agreement, there shall be
no third party beneficiaries to this Agreement.
22. Availability Outside the U.S. If you access NB Services from
outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
If you access the Websites from outside of the United States,
you acknowledge that any personal information you provide will
be processed in the United States and other geographies
as selected by us in our sole discretion, and you hereby consent
to the collection and processing of your personal information in
a manner consistent with this Agreement and the Privacy Policy.
23. Entire Agreement. This Agreement contains the entire
agreement between you and NB Services regarding the use of the
Websites and/or the Service.
24. Severability; Waiver. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term. In addition,
NB Services’s failure to enforce any term of this Agreement
shall not be deemed as a waiver of such term or otherwise affect
NB Services’s ability to enforce such term at any point in the
future.
25. Headings. The section headings contained in this Agreement
are for reference purposes only and shall not in any way affect
the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE
