Terms of service

These terms and conditions (the “Terms”) constitute the Terms under which you may access and use the NUI, Inc. website (“Site”).  By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding agreement with NUI, Inc. (“Company”).  It is important that you read and understand all of the Terms.  If you do not accept these Terms, do not use the Site.

Company may revise these Terms at any time. You should visit this page periodically to review the most current Terms because they are binding on you.  Any such modification will be effective upon our posting of new Terms.  You understand and agree that your continued access to or use of the Site after any posted modification of the Terms indicates your acceptance of the modification.

Provided that you agree to the Terms, Company grants you the limited permission to use the Site, subject to all of the restrictions in these Terms. Company may terminate such permission for any unauthorized or inappropriate use of the Site, or for your breach of these Terms, including the Restrictions listed in paragraph 5. You agree to use the Site at your own risk, including the risk that you might be exposed to content that you may find offensive, objectionable, or otherwise inappropriate.

The Site may be modified, suspended or discontinued at any time, for any or no reason, without notice or liability to Company.

All of the content on the Site including, but not limited to, images, illustrations, designs, icons, photographs, artwork, and any video and/or audio materials (“Content”) are owned and/or controlled by Company and are protected by copyright, trademark, and other intellectual property rights.  The Content is intended for the personal non-commercial use by visitors to the Site.  You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this Site without prior written consent. Company retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this Site. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. This limited license is revocable at any time without notice and with or without cause.

You agree not to, and will not assist, encourage, or enable others to use the Site to:
(a) violate any applicable law or regulation, including but not limited to the infringement of third party rights;
(b) interfere with the Site and/or take any action that imposes an unreasonably large load on the Site;
(c) use software or other devices to collect content or information;
(d) violate the security resources of the Site;
(e) reverse engineer or create derivative works based on any element of the Site;
(f) use any of the Content or information available from the Site, other than as permitted by these Terms;
(g) link to any Content or information from the Site, unless permitted by these Terms;
(h) use any Content or material in a false or misleading information in any manner or otherwise transmit Content that infringes or violates any third party rights or violates any law or regulation;
(i) attempt to gain access to areas of the Site or access data not intended for you;
(j) take any action concerning or transmit unsolicited or unauthorized mail or email unsolicited mail or email promoting and/or advertising products or services to any third party, including, without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(k) take any action concerning or otherwise transmit content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(l) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(m) take any action or upload or email or transmit content or any communication that in Company’s sole discretion is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, discriminatory, invasive of another’s privacy, racially, ethnically or otherwise objectionable.
(n) engage in any other behavior that Company, in its sole discretion deems contrary to its purpose;
(o)  make any unauthorized commercial use of the Site.

The Site may contain links to third party Web sites. You are responsible for deciding whether you want to access or use a third party site.  You should review any applicable terms of use and/or privacy policy of a third party site before using it or sharing any information with it.  These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not endorse any features, content, advertising, products or other materials available from third party sites or make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees and agents, from and against any damages, losses, liability, claims, costs, actions or demands, (including, without limitation, reasonable legal fees and costs), arising from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) the infringement by your of any intellectual property or other right of any person or entity.  Company reserves the right, at your expense to assume the exclusive defense and control of any matter subject to indemnification by you.

The limited license and permission to use the Site and Content as set forth herein are provided on an “As Is” basis without any warranties of any kind. Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Content, services, software, text, graphics, and links. To the fullest extent possible by law, Company does not guarantee that the Site will function without interruption, that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. In particular, the operation of the Site may be interrupted due to maintenance, updates, or system or network failures.  If your use of the Site or the Content results in the need for servicing or replacing equipment or data or any other costs, Company is not responsible for those costs.  The use of the Site and Company Content is at your own risk.  Company does not guarantee any specific results from the use of the Site.  No advice or information, whether oral or written, obtained by a user from Company or through or from the Site shall create any warranty not expressly stated herein.
Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
To the fullest extent possible by law, in no event shall Company, its suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data) resulting from the use or inability to use the Site and the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company is advised of the possibility of such damages.

The Site is controlled and operated by Company from its offices within the United States.  Company makes no warranty or representations that the Content is appropriate or available for use in other locations, and access to such materials from territories where their contents are illegal or prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

These Terms are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Broward County, Florida.

If any provision of these Terms are 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Company’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Company’s ability to enforce such term at any point in the future.

Certain areas of the Site are subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.

Except as expressly provided in an additional agreement, additional Terms for certain areas of the Site, a particular “Legal Notice,” or software license or material on particular pages on the Site, these Terms constitute the entire agreement between you and Company with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.