Disclaimer of Warranties
While NHH uses reasonable efforts to include up-to-date information on the Sites and online services, Touch by Grace makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. PROVIDES THE SITES AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NHH, ITS PARENT (NBC UNIVERSAL), ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “NHH PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NHH DOES NOT WARRANT THAT THE SITES OR OTHER SERVICE WILL
(1) BE UNINTERRUPTED;
(2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS;
(3) MEET YOUR REQUIREMENTS; OR
(4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE . DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ONLINE SERVERS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ..NBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE ONLINE SERVICES OR ANY WEBSITES LINKED TO THE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NBE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITES, ONLINE SERVICES, OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NBE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITES, ONLINE SERVICES, OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Damages
NONE OF THE NHH PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES OR ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE NBE PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES, ONLINE SERVICES, OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, NBE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH PARAGRAPH 4 (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITES, ONLINE SERVICES OR ANY OTHER SERVICES BY YOU OR ANY THIRD PARTY.
Limitation of Liability. Applicability of Disclaimers, Exclusions, and Limits
THE NHH PARTIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITES, ONLINE SERVICES, OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITES, ONLINE SERVICES, OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF NBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF NBE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE NHH PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITES AND ONLINE SERVICES OR THESE TERMS OF SERVICE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO BE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE NBE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PROVISION WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
We Are Not Responsible For Third-Party Websites and Content
THE THIRD-PARTY WEBSITES LINKED TO OR FROM THE SITES OR ONLINE SERVICES ARE NOT CONTROLLED BY NBE. ACCORDINGLY, NBE MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD- PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITES OR OTHER ONLINE SERVICES OF A LINK TO A THIRD PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY NBE. WHEN YOU ACCESS ANY OF THESE THIRD PARTY SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY WEBSITES.
Indemnification
You agree to defend, indemnify and hold harmless NHH, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Service, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content on NHH‘s servers, and/or from any and all use of your account;
(b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy;
(c) any misrepresentation made by you in connection with your use of the online services; and
(d) any breach of any of the representations, warranties or other terms or conditions relating to use of your User Content.
System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Sites by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Sites.
You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NHH reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Reservation of Rights
NHH reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Sites, online services and/or any software, facilities and services on the Sites and online services, with or without notice, and/or to establish general guidelines and limitations on their use.
Termination
NHH may, in its sole discretion, terminate your password, account (or any part thereof) or use of the online services, or remove and discard any User Content or information stored, sent, or received via the online services (“Communication”) without prior notice and for any reason or no reason, including, but not limited to:
(i) permitting another person or entity to use your identification to access the Sites or online services, (ii) any unauthorized access or use of the online services,
(iii) any violation of these Terms of Service, or
(iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the online services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the online services shall not affect any right or relief to which NBE may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to NHH and its licensors and all rights granted by you to NHH shall survive in perpetuity.
Links By You To the Online Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the online services, so long as
(a) the links only incorporate text, and do not use any trademarks,
(b) the links and the content on your website do not suggest any affiliation with NHH or cause any other confusion, and
(c) the links and the content on your website do not portray NHH or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to NHH. NHH reserves the right to suspend or prohibit linking to the online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
DISCLAIMER
Responsible Use of The Online Services
Please act responsibly when using the Sites and online services. You may only use the Sites, online services and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Sites and online services. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claim that material you have contributed to the Sites or online services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Sites and online services are the sole responsibility of the sender, not NBE, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Sites and online services.
Investigations
NHH reserves the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. NHH may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. NHH may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NHH believes, in its sole discretion, that a violation of these Terms of Service has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. NHH will fully cooperate with any law enforcement authorities or court order requesting or directing NHH to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL NBE PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY NBE PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AN NBE PARTY OR LAW ENFORCEMENT AUTHORITIES.
Binding Arbitration of All Disputes. No Class Relief.
Section 28 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NHH agree that we intend that this Section 28 satisfies the “writing” requirement of the Federal Arbitration Act. Section 28 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 29 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding
(i) your use of or interaction with the Sites or other online services,
(ii) any purchases or other transactions or relationships with NHH, or
(iii) any data or information you may provide to NHH or that NHH may gather in connection with such use, interaction or transaction (collectively, “NHH Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.
By using or interacting with the Sites or other online services, or engaging in any other NHH Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Sites or other online services, you agree that any complaint, dispute, or disagreement you may have against NHH, and any claim that NHH may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any NHH Transactions or Relationships shall be resolved exclusively by final and binding arbitration
Member Disputes
You are solely responsible for any interaction with other members or visitors to the online services, and NHH reserves the right but shall have no obligation, to monitor disputes between you and any other member of NHH.
Updates to Terms of Service
Please note that these Terms of Service may be revised and reissued, prospectively by posting updated terms (“Updated Terms”) on this Site. You consent and agree to receive notices of Updated Terms through our posting of updated Terms on the Sites or online services. You should visit this page regularly to review the current terms. Your continued use of the Sites and/or online services will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF UPDATED TERMS BY POSTING THEM ON THE SITES OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE ONLINE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE UPDATED TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Updated Terms each time you use the online services (at least prior to each transaction or submission). The Updated Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online service will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised Updated Terms or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page of the online services, your message account and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional Terms of Service by discontinuing use of the Sites and related online services.