WEBSITE TERMS OF
USE AND DISCLAIMERS
Welcome
to www.nobel-systems.com. The following Terms of
Use and Disclaimers apply to and govern your use of the
Website (as defined below) Using the Website signifies your
agreement to be bound by these Terms of Use and Disclaimers.
If you do not agree to these Terms of Use and Disclaimers, you
may not access or otherwise use any of the Website. Before
using the Website, please also review Nobel Systems, Inc.'s
Privacy Policy posted on the Website.
1.
DEFINITIONS.
a)
"Services" means
any and services offered through
the Website.
b)
"Website" means the
website at www.nobel-systems.com
, http://nobel-systems.com
, www.geovieweronline.net
and includes the
Website Material, Services and links to other websites unless
they are separately specified.
c)
"Website Material"
means all material on the Website, including without
limitation all text, images, articles, photographs,
illustrations, audio and video clips.
d)
"User" means the
person or persons using or accessing the
Website.
2.
LICENSE
TO USE THIS SITE. Nobel Systems, Inc.
grants you ("User") a non-exclusive, non-transferable, limited
right to access, use and display the Website for your personal
use only, provided that User complies fully with these Terms
and Conditions. User shall not interfere or attempt to
interfere with the operation of the Website in any way through
any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or by any
other means.
Nobel Systems, Inc. reserves the right to revoke this
license at anytime.
3.
NO UNLAWFUL OR
PROHIBITED USE. As a condition of using this Website,
User will not use the Website for any purpose that is unlawful
or prohibited by these Terms and
Conditions.
4.
OWNERSHIP AND
RESTRICTIONS.
a)
Nobel Systems, Inc.
owns, controls, licenses or has the right to use and provide
the Website. The Website is protected by copyright as a
collective work and/or compilation pursuant to
U.S. copyright laws,
international conventions, and other intellectual property
laws. Nobel Systems, Inc. is the owner of the copyright in and
to the Website and the selection, coordination, arrangement
and enhancement of the Website Material. User agrees to abide
by any and all copyright notices, information or restrictions
displayed on the Website.
b)
Except as provided
in these Terms and Conditions, User may not use, modify,
republish, frame, print, display, perform, reproduce, license,
transfer, sell, assign, post, transmit, distribute, reverse
engineer, create derivative works from, or otherwise exploit
any of the Website Material or any part of the Website without
the prior written consent of Nobel Systems, Inc. User may
download one (1) copy of Website Material for User's personal
use, provided that User maintains all copyright, attribution
and other notices contained in such Website Material,
including without limitation trademarks and service marks of
Nobel Systems, Inc. and its affiliates or the copyright holder
identified in the individual Website Material's copyright
notice. User acknowledges that User does not acquire any
ownership rights by downloading copyrighted material. User is
responsible for complying with all applicable laws, rules and
regulations regarding User's use of any such downloaded
Website Material. In the event of any permitted copying,
redistribution or publication of material from the Website,
User may not make any changes in or deletion of author
attributions, trademarks, legends or copyright notices.
c)
GeoViewer and
GeoViewer Online are trademarks and service marks of Nobel
Systems, Inc. All trademarks and service marks are owned by
Nobel Systems, Inc., and may not be used without the
permission of Nobel Systems, Inc. Any other marks appearing on
the Website are the property of their respective owners and
cannot be used without permission.
5.
RESERVATION OF
RIGHTS. Any rights not
expressly granted by these Terms and Conditions or any
applicable end user license agreements are reserved by Nobel
Systems, Inc.
6.
DISCLAIMER OF
WARRANTIES.
a)
THIS WEBSITE IS
PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. USER ASSUMES ALL RESPONSIBILITY AND RISK FOR
USER'S USE OF THIS WEBSITE.
b)
NOBEL SYSTEMS,
INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE
NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE. USER'S
SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP
USING THE WEBSITE.
c)
Although Nobel
Systems, Inc. attempts to ensure the integrity and
accurateness of the Website, it makes no guarantees whatsoever
as to the correctness or accuracy of the Website. It is
possible that the Website could include inaccuracies or
errors, and that unauthorized additions, deletions and
alterations could be made to the Website by third parties. In
the event that an inaccuracy arises, please inform Nobel
Systems, Inc. so that it can be corrected. Information
contained on the Website may be changed or updated without
notice.
7.
PRIVACY
POLICY. By using or accessing
the Website, User agrees to Nobel Systems, Inc. privacy
policy.
8.
CHANGES TO WEBSITE
AND TERMS OF USE. Nobel Systems, Inc.
reserves the right to change, alter, modify, add to or
subtract from the Website at its discretion without prior
notice. Nobel
Systems, Inc. for the reserves the right to modify these Terms
of Use and Disclaimers at its discretion, without prior
notice, by posting revised Terms of Use and Disclaimers of Use
and Disclaimers.
9.
LINKS TO OUR
SITE. If User provides a
hyperlink from User's website to our Website, User thereby
agrees to these Terms of Use And
Disclaimers.
10.
LINKS OR POINTERS
TO OTHER SITES. Nobel Systems, Inc.
makes no representations whatsoever about any other website
that User may access though this Website. When User accesses a
non Nobel Systems, Inc. website, please understand that it is
independent from Nobel Systems, Inc., and Nobel Systems, Inc.
has no control over the content on that website. In addition,
a hyperlink to a non Nobel Systems, Inc. website does not mean
Nobel Systems, Inc. endorses or accepts any responsibility for
the content or use of the linked site. It is up to User to
take precautions to ensure that whatever User selects for
User's use or download is free of such items as viruses,
worms, trojan horses, and other items of a destructive
nature.
11.
INDEMNITY. User will indemnify
and hold Nobel Systems, Inc. free and harmless from any and
all costs, debts, obligations, liabilities, damages (including
attorney fees) arising out of User's failure to comply with
these Terms of Use And Disclaimers, the falsity any
information User provides Nobel Systems, Inc. and/or User's
use of this Website.
12.
MISCELLANEOUS
TERMS.
a)
Complete Agreement.
These Terms of Use
And Disclaimers constitutes the entire agreement and
understanding relating to the Website and User using and
accessing same. User warrants and represents User is not
relying on any terms, conditions, covenants, promises,
warranties or representations not contained in these Terms of
Use and Disclaimers.
Any such terms, conditions, covenants, promises,
warranties representations not contained in these Terms of Use
And Disclaimers shall be of no further force or effect. Provided, however,
these Terms of Use And Disclaimers do not affect any separate
written contract between User and Nobel Systems,
Inc.
b)
Choice Of Law And
Jurisdiction. These Terms of Use and
Disclaimers are entered into in the State of
California and shall be
governed by and construed in accordance with laws of the State
of
California and the
United States of
America. The Superior Court of
San Bernardino
County, California shall have exclusive jurisdiction to
adjudicate any disputes, lawsuits or claims regarding or
arising out of the Website and/or User's use of the
Website. Provided
that if any disputes, lawsuits or claims must be heard in
federal court, United States District Court for the Central
District of California shall have exclusive jurisdiction. User
waives any jurisdictional, venue, or inconvenient forum
objections to such courts.
c)
Attorney Fees. If any legal action
is brought to enforce or interpret these Terms of Use And
Disclaimers, or arises out of the Website and/or User's use of
the Website, the prevailing party may recover reasonable
attorney fees and expert fees, in addition to any other relief
to which it may be entitled.
d)
Waiver. Any express or
implied waiver of a breach of any term of these Terms of Use
And Disclaimers shall not constitute a waiver of any further
breach of the same or other term of these Terms of Use And
Disclaimers. Any
forbearance in exercising a right or remedy for a breach of
these Terms of Use And Disclaimers shall not be deemed a
waiver of such rights or remedies, unless that waiver is
express and in writing.
Failure of either party to insist in any one or more
instances upon strict performance of any of the provisions of
these Terms of Use And Disclaimers, or to take advantage of
any of its rights, shall not be construed as a waiver of any
such provisions or rights or a relinquishment of any rights or
remedies for the future.
e)
Severability. If any term of
these Terms of Use And Disclaimers is found to be invalid or
unenforceable by a court of competent jurisdiction, for any
reason, the remainder of these Terms of Use And Disclaimers
shall remain in full force and effect. In addition, the term
found to be invalid or unenforceable shall be construed to be
valid and enforceable to the maximum extent permitted by
law.