Terms and Conditions
Last Updated: August 27th, 2024
1. Acceptance of Terms
These Terms and Conditions (“Terms”) are a legally binding agreement between you (“user,” “you,” or “your”) and Network Designs, Inc. (NDi) (“we,” “us,” or “our”), governing your access to and use of the website www.netdes.com (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Site immediately.
2. Use of the Site
You agree to use the Site only for lawful purposes and in a manner consistent with all applicable local, state, national, and international laws and regulations. You must not:
• Use the Site in any way that could harm, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
• Use the Site to engage in any fraudulent, abusive, or illegal activity.
• Upload, post, transmit, or otherwise make available any material that contains viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
3. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”), is the property of NDi or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and the Content for personal, non-commercial purposes, provided that you do not:
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or the Content without express written permission from NDi.
• Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Site or the Content.
4. Google Analytics
The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the Site analyze how users interact with the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the Site, compile reports on Site activity, and provide other services relating to website activity and internet usage.
By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You may opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.
5. Links to Third-Party Websites
The Site may contain links to third-party websites that are not owned or controlled by NDi. NDi has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that NDi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites.
6. Disclaimer of Warranties
The Site and all Content, products, and services provided on the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. NDi does not warrant that:
• The Site will be uninterrupted, secure, or available at any particular time or location.
• Any errors or defects will be corrected.
• The Site is free of viruses or other harmful components.
7. Limitation of Liability
To the fullest extent permitted by applicable law, NDi shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
• Your access to or use of or inability to access or use the Site.
• Any conduct or content of any third party on the Site.
• Any content obtained from the Site.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
8. Indemnification
You agree to defend, indemnify, and hold harmless NDi, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
• Your use of and access to the Site.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or other rights.
9. Changes to These Terms
NDi reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Site following the posting of any changes to these Terms will signify your acceptance of those changes.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the courts located within Virginia.
11. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Network Designs, Inc. (NDi) [email protected] (703) 255-2206