1.1 These Terms and Conditions constitute a legally binding
agreement made between you,
whether personally or on behalf of an entity (you), and
The NetCore Inc., doing business as
The NetCore Inc., located at 10613 MURHY HWY,
BLAIRSVILLE, GA, 30512, USA. (we, us),
concerning your access to and use of the
(http://www.thenetcore.com) website as well as
any related applications (the Site).
1.2 You agree that by accessing the Site and/or Services,
you have read, understood, and agreed
to be bound by all of these Terms and Conditions.
1.3 The supplemental policies set out in Section 1.8 below,
as well as any supplemental terms
and conditions or documents that may be posted on the
Site from time to time, are expressly
incorporated by reference.
1.4 We may make changes to these Terms and Conditions at any
time. The updated version of
these Terms and Conditions will be indicated by an
updated “Revised” date and the updated
version will be effective as soon as it is accessible.
You are responsible for reviewing these
Terms and Conditions to stay informed of updates. Your
continued use of the Site represents
that you have accepted such changes.
1.5 We may update or change the Site from time to time to
reflect changes to the services,
products, our users' needs and/or our business
priorities.
1.6 The site is directed to people residing in the United
States. The information provided on the
Site is not intended for distribution to or use by any
person or entity in any jurisdiction or
country, where such distribution or use would be
contrary to law or regulation or which
would subject us to any registration requirement within
such jurisdiction or country.
1.7 The Site is intended for users who are at least 18 years
old. If you are under the age of 18,
you are not permitted to register for the Site or use
the Services without parental permission.
1.8 Additional policies, which also apply to your use of the
Site, include:
a. Our Privacy Notice, which sets out
the terms on which we process any personal data we
collect from you, or that you provide to us. By using
the Site, you consent to such
processing and you warrant that all data provided by you
is accurate.
b. Our
Acceptable Use Policy, which sets out the permitted uses
and prohibited uses of the
Site. When using the Site, you must comply with this
Acceptable Use Policy.
2. Acceptable Use
2.1 Our full Acceptable Use Policy, sets out all the
permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other
than that for which we make the
site and our services available. The Site may not be
used in connection with any commercial
endeavors except those that are specifically endorsed or
approved by us.
2.3 As a user of this Site, you agree not to:
a. Systematically retrieve data or
other content from the Site to a compile database or
directory without written permission from “The NetCore
Inc.”
b. Make any
unauthorized use of the Site, including collecting
usernames and/or email
addresses of users to send unsolicited email or creating
user accounts, if any, under false
pretenses.
c. Use the
Site to advertise or sell goods and services.
d. Circumvent,
disable, or otherwise interfere with security-related
features of the Site,
including features that prevent or restrict the use or
copying of any content or enforce
limitations on the use.
e. Engage in
unauthorized framing of or linking to the Site.
f. Trick,
defraud, or mislead us and other users, especially in
any attempt to learn sensitive
account information such as user passwords, if any.
g. Make
improper use of our support services, or submit false
reports of abuse or
misconduct.
h. Engage in
any automated use of the system, such as using scripts
to send comments or
messages, or using any data mining, robots, or similar
data gathering and extraction tools
i. Interfere
with, disrupt, or create an undue burden on the Site or
the networks and services
connected to the Site.
j. Use any
information obtained from the Site in order to harass,
abuse, or harm another
person.
k. Use the
Site or our content as part of any effort to compete
with us or to create a revenuegenerating endeavor or
commercial enterprise.
l. Decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or
in any way making up a part of the Site.
m. Attempt to
access any portions of the Site that you are restricted
from accessing.
n. Harass,
annoy, intimidate, or threaten any of our employees,
agents, or other users.
o. Delete the
copyright or other proprietary rights notice from any of
the content.
p. Copy or
adapt the Site’s software, including but not limited to
Flash, PHP, HTML,
JavaScript, or other code.
q. Upload or
transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other
material that interferes with any party’s uninterrupted
use and enjoyment of the Site, or
any material that acts as a passive or active
information collection or transmission
mechanism.
r. Use,
launch, or engage in any automated use of the system,
such as using scripts to send
comments or messages, robots, scrapers, offline readers,
or similar data gathering and
extraction tools.
s. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the Site.
t. Use
the
Site in a manner inconsistent with any applicable laws
or regulations.
u. Falsely
imply a relationship with us or another company with
whom you do not have a
relationship.
3. Our content
3.1 Unless otherwise indicated, the Site and Services
including
source code, databases,
functionality, software, website designs, audio, video,
text,
photographs, and graphics on the
Site (Our Content) are owned or licensed to us, and are
protected by copyright and trade
mark laws, where applicable.
3.2 Except as expressly provided in these Terms and
Conditions,
no part of the Site, Services or
Our Content may be copied, reproduced, aggregated,
republished,
uploaded, posted, publicly
displayed, encoded, translated, transmitted,
distributed, sold,
licensed, or otherwise
exploited for any commercial purpose whatsoever, without
our
express prior written
permission.
3.3 If you are eligible to use the Site, you are granted a
limited license to access and use the Site
and Our Content and to download or print a copy of any
portion
of the Content to which you
have properly gained access solely for your personal,
and
non-commercial use.
3.4 You shall not
a. Try to gain unauthorized access to
the Site or any networks,
servers or computer systems
connected to the Site
b. Make
for
any purpose including error correction, any
modifications, adaptions, additions or
enhancements to the Site or Our Content, including the
modification of the paper or digital
copies you may have downloaded.
3.5 We shall
a. Prepare the Site and Our Content
with reasonable skill and
care
b. Use
industry standard virus detection software to try to
block the uploading of content to the
Site that contains viruses.
3.6 The content on the Site is provided for general
information
only. It is not intended to amount
to advice on which you should rely. You must obtain
professional
or specialist advice before
taking, or refraining from taking, any action based on
the
content on the Site.
3.7 Although, we make reasonable efforts to update the
information on our site, we make no
representations, warranties or guarantees, whether
express or
implied that Our Content on
the Site is accurate, complete or up to date.
4. Site Management
4.1 We reserve the right at our sole discretion, to:
a. Monitor the Site for breaches of
these Terms and Conditions
b. Take
appropriate legal action against anyone in breach of
applicable laws or these Terms and
Conditions
c. Remove
from the Site or otherwise disable all files and
content that are excessive in size
and/or are in any way a burden to our systems
d. Otherwise,
manage the Site in a manner designed to protect
our rights and property and to
facilitate the proper functioning of the Site and
Services.
4.2 We do not guarantee that the Site will be secure or free
from bugs or viruses.
4.3 You are responsible for configuring your information
technology, computer programs and
platform to access the Site and you should use your own
virus
protection software.
5. Modifications to and availability of the Site
5.1 We reserve the right to change, modify, or remove the
contents of the Site at any time or for
any reason at our sole discretion without notice. We
also
reserve the right to modify or
discontinue all or part of the Services without notice
at any
time.
5.2 We cannot guarantee the Site and Services will be
available
at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site,
resulting in interruptions, delays, or errors. You agree
that we
have no liability whatsoever
for any loss, damage, or inconvenience caused by your
inability
to access or use the Site or
Services during any downtime or discontinuance of the
Site or
Services. There may be
information on the Site that contains typographical
errors,
inaccuracies, or omissions that
may relate to the Services, including descriptions,
pricing,
availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to
change or update the information at any time, without
prior
notice.
6. Disclaimer/Limitation of Liability
6.1 The Site and Services are provided on an as-is and
as-available basis. You agree that your use
of the Site and/or Services will be at your sole risk,
except as
expressly, and set out in these
Terms and Conditions.
6.2 All warranties, terms, conditions and undertakings,
express
or implied (including by statute,
custom or usage, a course of dealing, or common law) in
connection with the Site and Services
and your use thereof including, without limitation, the
implied
warranties of satisfactory
quality, fitness for a particular purpose and
non-infringement
are excluded to the fullest
extent permitted by applicable law.
6.3 We make no warranties or representations about the
accuracy
or completeness of the Site’s
content and are not liable for any
a. Errors or omissions in content
b. Any
unauthorized access to or use of our servers and/or any
or all personal information
and/or financial information stored on our server
c. Any
interruption or cessation of transmission to or from the
site or services
d. Any
bugs,
viruses, Trojan horses, or the like which may be
transmitted to or through the site
by any third party. We will not be responsible for any
delay or
failure to comply with our
obligations under these Terms and Conditions, if such
delay or
failure is caused by an event
beyond our reasonable control.
6.4 If you are a business user; we will not be liable to you
for
any loss or damage, whether in
contract, tort (including negligence), breach of
statutory duty,
or otherwise, even if
foreseeable, arising under, or in connection with:
a. use of, or inability to use, our
Site/Services
b. use
of or
reliance on any content displayed on our Site.
6.5 In particular, we will not be liable for
a. loss of profits, sales, business, or
revenue
b. business
interruption
c. loss
of
anticipated savings
d. loss
of
business opportunity, goodwill or reputation
e. any
indirect or consequential loss or damage.
6.6 If you are a consumer user
a. Please note that we only provide our
Site for domestic and
private use. You agree not to use
our Site for any commercial or business purposes, and we
have no
liability to you for any loss
of profit, loss of business, business interruption, or
loss of
business opportunity.
b. If
defective digital content that we have supplied, damages
a
device or digital content
belonging to you and this is caused by our failure to
use
reasonable care and skill, we will
either repair the damage or pay you compensation.
c. You
have
legal rights in relation to goods that are faulty or
not as described. Advice about
your legal rights is available from your local Citizens'
Advice
Bureau or Trading Standards
office. Nothing in these Terms and Conditions will
affect these
legal rights.
7. Termination Terms
7.1 These Terms and Conditions shall remain in full force
and
effect while you use the Site or
Services or are otherwise a user of the Site, as
applicable.
7.2 You may terminate your use or participation at any time,
for
any reason, by following the
instructions for terminating user accounts in your
account
settings, if available, or by
contacting us at info@thenetcore.com
7.3 Without limiting any other provision of these Terms and
Conditions, we reserve the right to,
in our sole discretion and without notice or liability,
deny
access to, and use of the Site and
the Services (including blocking certain IP addresses),
to any
person for any reason including
without limitation for breach of any representation,
warranty or
covenant contained in these
Terms and Conditions or of any applicable law or
regulation.
7.4 If we determine, in our sole discretion, that your use
of
the Site/Services is in breach of these
Terms and Conditions or of any applicable law or
regulation, we
may terminate your use or
participation in the Site and the Services or delete any
content
or information that you posted
at any time, without warning, in our sole discretion.
7.5 If we terminate or suspend your account, if any, for any
reason set out in this Section, then
you are prohibited from registering and creating a new
account,
if any, under your name, a
fake or borrowed name, or the name of any third party,
even if
you may be acting on behalf
of the third party. In addition to terminating or
suspending
your account, we reserve the right
to take appropriate legal action, including without
limitation
pursuing civil, criminal, and
injunctive redress.
8. General Terms
8.1 Visiting the Site, sending us emails, and completing
online
forms constitute electronic
communications. You consent to receive electronic
communications
and you agree that all
agreements, notices, disclosures, and other
communications we
provide to you
electronically, via email and on the Site, satisfy any
legal
requirement that such
communication be in writing.
8.2 You hereby agree to the use of electronic signatures,
contracts, orders and other records and
to electronic delivery of notices, policies and records
of
transactions initiated or completed
by us or via the Site.
8.3 You hereby waive any rights or requirements under any
statutes, regulations, rules,
ordinances or other laws in any jurisdiction which
require an
original signature or delivery or
retention of non-electronic records, or to payments or
the
granting of credits by other than
electronic means.
8.4 These Terms and Conditions and any policies or operating
rules posted by us on the Site or in
respect to the Services constitute the entire agreement
and
understanding between you and
us.
8.5 Our failure to exercise or enforce any right or
provision of
these Terms and Conditions shall
not operate as a waiver of such right or provision.
8.6 We may assign any or all of our rights and
obligations to
others at any time.
8.7 We shall not be responsible or liable for any loss,
damage,
delay or failure to any act caused
by any cause beyond our reasonable control.
8.8 If any provision or part of a provision of these Terms
and
Conditions is unlawful, void or
unenforceable, that provision or part of the provision
is deemed
severable from these Terms
and Conditions and does not affect the validity and
enforceability of any remaining provisions.
8.9 There is no joint venture, partnership, employment or
agency
relationship created between
you and us, as a result of these Terms and Conditions or
use of
the Site or Services.
8.10 In order to resolve a complaint regarding the Services
or
to receive further information
regarding use of the Services, please contact us by
email at
info@thenetcore.com
By using this site you agree to and accept our Terms & Conditions, and Policies which can be read under Legal.