Modifications to the Website. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website without notice.
Links and Third Party Content on the Website. The Website may contain links to third party products, services, information, materials and websites (collectively, “Third Party Site(s)”). Third Party Sites are not under the control of Nano, and Nano is not responsible for Third Party Sites or for any information, products, services, materials, advertising, or other content on or available through such Third Party Sites. In addition, Nano is not responsible for the performance of any Third Party Site. Nano does not endorse any Third Party Site, and the inclusion of a link on our Website does not imply any endorsement by Nano of the Third Party Site or any association with the operators of the Third Party Site. Nano does not investigate, verify or monitor the Third Party Sites. Nano provides links to Third Party Sites for your convenience only. If you access the Third Party Sites, you do so entirely at your own risk.
Links to Nano from Your Site. You are granted a limited, non-exclusive, revocable right to create a hyperlink to our Website, provided that: (i) the link is only to the homepage of the Website mynano.com; (ii) the link only incorporates text and does not use any trademarked or copyrighted graphics; (iii) the link and related content on your website do not suggest any affiliation with Nano or cause confusion among consumers; (iv) the link and related content on your website do not portray Nano, or Nano’s products and services, in a false, misleading, derogatory, offensive, or otherwise negative manner; (v) the link and related content on your website do not contain content that could be construed as distasteful, offensive, politically partisan, or otherwise controversial; (vi) the link and related content on your website should contain materials appropriate for all ages of the general public; and (vii) the link is not operated for any commercial purposes.
You agree that any comments, advice, ideas, concepts, statements, reviews, techniques, materials and other information contained in any communication that you may send to us, including without limitation responses to questionnaires or through postings to the Website (each, a “Submission”) will be considered non-confidential and non-proprietary. You further agree that Nano is free to use any Submission for any purpose whatsoever without compensation, acknowledgment, or payment to you of any kind. You also agree that as to any Submission, you grant Nano a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, incorporate, perform, copy, modify, distribute, and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission, you represent and warrant that public posting and use of your Submission by Nano will not infringe on or violate the rights of any third party.
Use Policies. We ask that you respect our Website and our online blog community and participating individuals. Your conduct should be guided by common sense, decency, respect and basic etiquette. To further these common goals, when posting each Submission to or otherwise using the Website, you agree NOT to:
- Post or transmit any material: (i) that you do not have the right to post or transmit under applicable laws, including without limitation copyright, trademark, trade secret, privacy or securities laws; or (ii) in violation of your obligations to any third party, including without limitation your obligations under nondisclosure agreements;
- Post or transmit any information or material that is unrelated to the subject matter of the Website;
- Sell or otherwise transfer your profile or account on the Website;
- Intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses, or other personal information for any purpose;
- Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
- Post or promote information that you know to be false or misleading, or that promotes or facilitates illegal conduct or activities;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use or post any defamatory, libelous, abusive, harassing, or threatening language or content, or stalk, threaten, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use racially, ethnically, or otherwise offensive or inappropriate language; or post racially, ethnically, or otherwise offensive or inappropriate subject matter;
- Use profanity or other explicit/obscene language;
- Solicit/post nudity, pornographic material, or other sexually explicit images (actual or simulated);
- Post any Submission that is inflammatory, or discusses, threatens or incites violence or illegal activity;
- Post any photographs of another person without such person’s prior written consent.
Disclaimer of Representations and Warranties. Your use of the Website and the Website Content is at your sole risk. The Website and Website Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Nano expressly disclaims all representations and warranties of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the Website and Website Content, and you rely on the Website and Website Content at your own risk. Any material obtained or downloaded through the Website is done at your own discretion and risk, and you will be solely responsible for any and all damage to your computer or loss of data that results from the download of any material through the Website. Some jurisdictions may prohibit certain disclaimers of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL NANO (OR NANO’S SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NANO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR LINKS TO THIRD PARTY SITES, AND (II) UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF NANO (AND NANO’S SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES) FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR LINKS TO THIRD PARTY SITES (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). Because some jurisdictions do not allow the exclusion or limitation of liability for certain consequential or incidental damages, the above limitation may not apply to you.
Your Compliance with Local Laws. The Website is controlled and operated by Nano. Nano makes no representation or warranty that the Website Content available on the Website is appropriate or available for use in all locations. Access to the Website may not be legal by certain persons or in certain countries; and access to the Website from territories where its contents are illegal is prohibited. You may not use or export any Website Content in violation of applicable export laws and regulations.
Forward Looking Statements. Statements on or accessible through the Website or in the Website Content may include forward-looking statements. Forward-looking statements may contain words such as “expect”, “believe”, “may”, “can”, “should”, “will”, “forecast”, “anticipate”, or other similar expressions, and include the assumptions that underlie such statements. These statements are subject to known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such statements. Except as required under applicable law, Nano does not undertake any obligation to update any forward-looking statements.
Trademarks. The Nano products and services names mentioned on the Website or in the Website Content are either registered trademarks or trademarks of Nano. Other trademarks and service marks mentioned on the Website or in the Website Content belong to their respective owners.
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