Network Services Company: Terms of Use Policy
These Sites are controlled and published by Network Services Company, Schaumburg, Illinois
©COPYRIGHT 2011 NETWORK SERVICES COMPANY, ALL RIGHTS RESERVED.
This website has been developed as a service of Network Services Company, Schaumburg, Illinois (“NETWORK”). By accessing and using the web site located at www.networkdistribution.com and www.nsconline.com (the “Sites”), you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that NETWORK may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Site. If you do not agree to these Terms, do not use the Site. Like any other service, in spite of our best efforts, the information in these Sites may become out of date over time. As used in these Terms of Use, “we” includes NETWORK, its parents, subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Site, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.
No person under the age of eighteen (18) is authorized to access or use these Sites. User access to, and use of, the Site is subject to all applicable international, federal, state and local laws and regulations. Use of these Sites is void where prohibited. By using these Sites, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
NETWORK grants you a limited, non-transferable license to access, view, store, print, reproduce, and distribute pages within these Sites solely for personal or internal, non-commercial purposes, provided that no pages are modified, and that this page and any notices in such pages regarding use or ownership are included with stored, reproduced or distributed pages. This license shall not include any resale or commercial use of the Site or its contents.
NETWORK accepts no liability for the accuracy or completeness or use of, nor any obligation to update, the information contained on these Sites. We make no guarantees regarding the availability of the Site. Furthermore, we reserve the right, within our sole discretion, to discontinue the Site. You agree that we will not be liable to you for any such discontinuance or modification of the Site. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Site and may temporarily or permanently cease using the Site without notice to NETWORK. Any use of the Site, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof.
Account Registration
In order to access certain portions of the Site, you may be required to register and create an account (“Account”) with NETWORK. Information gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Site. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.
Restrictions on Use
All content within the Site and any materials made available on these pages for downloading, if any, are the property of NETWORK and/or its affiliates or other third parties. The Site and portions of the Site are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Site that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Site.
To the extent applicable, when accessing the Site, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Site. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Do not submit, post or otherwise transmit via the Site information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of NETWORK, or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the express written consent of NETWORK or the express written consent of the appropriate third party, as applicable. Except as provided herein, NETWORK does not grant to you any express or implied rights to NETWORK or any third party’s Intellectual Property.
Privacy Policy
Any personal information or other information about you collected by NETWORK through, or in connection with, these Sites is subject to our Privacy Policy. The NETWORK Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, these Sites is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.
Links
Some pages on these Sites contain links to other resources on the Internet. Those links are provided as aids to help identify and locate other Internet resources of interest. They are not intended to state or imply that NETWORK sponsors or is affiliated or associated with the owners or publishers of such resources, or that NETWORK is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Therefore, the decision to view any linked Site is at the viewer's own risk. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NETWORK 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
NETWORK prohibits caching of any portion of the Site and any unauthorized hypertext links to the Site. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Site, you must contact NETWORK to discuss mutually agreeable terms for such hyperlink.
Pricing
Except where noted otherwise, the pricing for any products and services displayed for such products and services on the Site represents the applicable price for the products and/or services, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. Despite our best efforts, a small number of the items listed on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Exclusion of Warranty and Disclaimer
NETWORK MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. NETWORK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NETWORK DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETWORK DOES NOT WARRANT THAT THESE SITES; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM NETWORK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
NEITHER NETWORK NOR ANY OF ITS AFFILIATES ASSUMES ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL NETWORK BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.
In no event shall NETWORK’s liability exceed the total amount paid by you to NETWORK, if any, for accessing these Sites.
Information Submitted by Viewers
Should any viewer of this publication respond with information, including personal information and feedback data such as questions, comments and suggestions regarding the content of any portion of this publication, such information shall be deemed to be non-confidential. NETWORK shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, NETWORK shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Jurisdiction
Although these Sites are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. These Sites are controlled and operated by NETWORK from its headquarters in Schaumburg, Illinois, USA. NETWORK makes no representation that materials on these Sites are appropriate or available for use in other locations. Those who choose to access these Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Your viewing of any materials on these Sites constitutes your approval of this Agreement and consent to jurisdiction in courts of competent jurisdiction in the state of Illinois, without regard to conflict of law principals, to resolve any interpretations or disputes arising from this Agreement and any conflicts that arise from these Sites.
Indemnity and Release
By using these Sites, you agree to indemnify NETWORK and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Site. By using the Site, you are hereby agreeing to release NETWORK and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Site.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and NETWORK with respect to these Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and NETWORK with respect to these Sites. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent and agreement to the modified Terms.
Agent to Receive Notice of Claimed Infringement
The following individual is designated to receive notices of claimed infringement for NETWORK under the Digital Millennium Copyright Act of 1998 and the Online Copyright Infringement Liability Limitation Act:
Chief Information Officer
Network Services Company
1100 East Woodfield Road, Suite 200
Schaumburg, IL 60173
(847) 803-4888
