1.) Rules of Conduct on NPV Escrow.com:
Users shall not post on NPVEscrow.com any content or links to content that violates the rights of others, including but not limited to content that infringes any copyright, trademark patent, trade secret or that violates any right of privacy or publicity. Users shall not post on NPVEscrow.com any content or links to content that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening. Users shall not post on NPVEscrow.com any content or links to content that contains viruses or other contaminating or destructive features. Users shall not post on NPVEscrow.com any content or links to content that violates any applicable law.
2.)Indemnification:
Users agree to indemnify, defend, and otherwise hold harmless, NPV Escrow Services, Inc., and other information providers featured on NPV Escrow Services, Inc against any and all claims, liabilities, losses, costs and expenses, including attorney’s fees, incurred in connection with any use of the NPV Escrow Services, Inc. site under their password by any person, whether or not authorized by the user. NPV Escrow Services, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users agree to cooperate with NPV Escrow Services, Inc.’s defense of such claims. NPV Escrow Services, Inc. will not be liable for any loss that users may incur from the unauthorized use of their account. Users are liable for any loss that NPV Escrow Services, Inc. may suffer as the result of the authorized or unauthorized use of their account. Users may not use the account of another user at any time without the permission of the account owner.
3.)Termination of Use:
NPV Escrow Services, Inc. reserves the right to restrict, suspend or terminate user access to the NPV Escrow Services, Inc. site at any time for any reason without prior notice or liability. NPV Escrow Services, Inc. may modify, suspend or discontinue all or any part of the NPV Escrow Services, Inc. site at any time without prior notice or liability.
Neither NPV Escrow Services, Inc nor any provider of third party content nor their respective agents shall be liable for any damages arising out of the use or inability to use NPV Escrow Services, Inc. whether such damages are direct, indirect, incidental, special or consequential, even if such parties have been advised of the possibility of such damages.
In states that do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, the liability of NPV Escrow Services, Inc, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. If users are dissatisfied with any portion of NPV Escrow Services, Inc., or with any of these terms and conditions of use, the sole and exclusive remedy is to discontinue using NPV Escrow Services, Inc.
4.) LIMITATION OF LIABILITY:
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". NPV ESCROW SERVICES, INC. AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. NPV ESCROW SERVICES, INC. AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NPV ESCROW SERVICES, INC. WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NPV ESCROW SERVICES, INC. BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NPV ESCROW SERVICES, INC.'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
5.) Framing.
You agree not to create any frames at any other web sites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by Owner in writing to do so.
6.) Security, Cracking and Hacking.
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. Owner reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
7.) WARRANTY DISCLAIMER:
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT. OWNER DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, OWNER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. OWNER DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. OWNER CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES OWNER MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
8.) GOVERNING LAW AND ARBITRATION:
The laws of the State of South Carolina (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Charleston, South Carolina under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA, U.S.A.
9.) WAIVER AND SEVERABILITY:
Furthermore, no delay or omission by Owner to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Owner. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
10.) CONTRACT ELECTRONICALLY:
You agree that the terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
11.) REJECTION OF PAYMENT:
Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer may be limited by your agreement with your financial institution and/or by applicable law, we are not liable to any User if we do not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. We may post operating rules related to payment on the Site and change such rules from time to time.
Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any Items purchased or sold through the Services or otherwise arising from the Transaction.
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