Rules of Conduct
You acknowledge that TextServ LLC. and its licensors own all rights, title and interest in all content on the Site , including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by TextServ LLC.. You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by TextServ LLC. is prohibited. All trademarks, logos, trade dress and service marks on Site are trademarks of TextServ LLC. or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
It is TextServ LLC.’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at help at to.nu. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links and References
TextServ LLC. is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, TextServ LLC. assumes no responsibility for: * any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications; * the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content. * problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website; * injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site; Under no circumstances will TextServ LLC. be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND TextServ LLC. DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.
Limitation on Liability
IN NO EVENT WILL TextServ LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $5000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO TextServ LLC., ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF TextServ LLC. WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.
Governing Law and Venue
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Delaware, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Delaware, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that TextServ LLC. may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.