NetDocket LLC - Terms and conditions of Use
Please read these terms and conditions of use (“Terms”) carefully before accessing and/or using the website www.netdocket.com (“Website”). The following are terms of a legal agreement between you (the “User”) and NetDocket LLC (“NetDocket”) and by utilizing the services provided through the Website, you acknowledge that you have read these Terms and that you agree to be bound by them. If you do not agree to all of the Terms of this agreement, you may not access or use the Website.
NetDocket reserves the right to change, modify, add or remove portions of these Terms at any time for any reason. NetDocket suggests that you periodically review these Terms for amendments. By accessing and/or using the Website after NetDocket has posted amendments to these Terms, you acknowledge and agree to such Terms as modified.
Use of the Website
- You may access and use this Website to obtain some or all of the services that NetDocket has agreed to provide to you. You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NetDocket's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that NetDocket, in its sole discretion, believes restricts or inhibits any other User from accessing or using the Website is prohibited. Unauthorized commercial use of the Website or any information provided by the Website is prohibited. You may not post, publish, transmit, reproduce, collect, sample, filter, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by NetDocket).
- The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Limitation of Liability
NetDocket makes no warranty, express or implied, regarding the accuracy, completeness, or currency of any information provided to it by individuals or entities external to NetDocket, including, but not limited to, you, other users of the Website, and government entities such as the United States Patent Office, the European Patent Office, the Japanese Patent Office, or any commercial data services.
You acknowledge and agree that NetDocket shall have no liability, contingent or otherwise, to you or to any third parties, or any responsibility whatsoever, for any damage or loss sustained by you or any third party resulting from NetDocket’s use in the provision of any service to you through the Website or otherwise of inaccurate, incomplete, or out-of-date information that was provided to NetDocket by an individual or entity external to NetDocket.
NetDocket does not warrant that this Website, its servers, or e-mail sent from NetDocket are free of viruses or other harmful components. Any product, offering, content, or material downloaded or otherwise obtained through the use of this Website is done at the your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content, or material.
Notwithstanding any damages that you may incur for any reason whatsoever, including, without limitation, any damages resulting from an error or omission of NetDocket and all direct or general damages and all damages referenced above, the entire liability of NetDocket and its affiliates and your exclusive remedy shall be limited to the fee actually paid by you for the individual service transaction at issue provided to you by NetDocket.
The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law.
Confidentiality and Transmissions over the Internet
NetDocket reserves the right to terminate any or all of your rights of access to and use of the Website if you engage in any conduct or activities that NetDocket, in its sole discretion, believes violate any of these Terms or is otherwise inappropriate for continued access.
You acknowledge and agree that NetDocket may, in its sole discretion, deny you access, through the Website, to any materials stored on the Internet, or to access third party services, merchandise, or information on the Internet through the Website, and NetDocket shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
One or more patents apply to this site, and to the features and services accessible via the site, including without limitation: U.S. Patent Nos. 5,895,468, and 6,182,078.
When you approve instructions for properties using NetDocket, those instructions do not confirm payment of any annuity, renewal and/or maintenance fee. NetDocket will make all reasonable efforts to effect payment of all fees in accordance with your instructions. NetDocket reserves the right to withhold payment of any fee for any reason, including but not limited to, your failure to provide sufficient funds to NetDocket to make the payment, or your failure to provide NetDocket with sufficient advance notice of the instruction. NetDocket will make all reasonable efforts to execute your instructions, and will make reasonable efforts to contact you if there is a problem with one or more of your instructions.
These Terms and the relationship between you and NetDocket shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and NetDocket agree to submit to the personal and exclusive jurisdiction of the State and Federal courts located within the State of Connecticut.
The failure of NetDocket to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the other provisions of these Terms remain in full force and effect.