1. ACCEPTANCE OF TERMS
NONEDA Technologies RESOURCES has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT and Funding of Account (Money Deposit)
You understand that all money deposited are final and cannot be reversed and postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that NONEDA Technologies RESOURCES does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the NONEDA Technologies RESOURCES site and Content available through the Service may contain links to other websites, which are completely independent of A-Plus NONEDA Technologies RESOURCES.
NONEDA Technologies RESOURCES makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will NONEDA Technologies RESOURCES be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that NONEDA Technologies RESOURCES does not pre-screen or approve Content, but that NONEDA Technologies RESOURCES shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The NONEDA Technologies RESOURCES site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NONEDA Technologies RESOURCES, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that NONEDA Technologies RESOURCES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NONEDA Technologies RESOURCES is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NONEDA Technologies RESOURCES, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. PRIVACY AND INFORMATION DISCLOSURE
6. LIMITATIONS ON SERVICE
You acknowledge that NONEDA Technologies RESOURCES may establish limits concerning use of the Service and the frequency with which you may access the Service. You agree that NONEDA Technologies RESOURCES has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NONEDA Technologies RESOURCES reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NONEDA Technologies RESOURCES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. ACCESS TO THE SERVICE
NONEDA Technologies RESOURCES grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by NONEDA Technologies RESOURCES.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots text file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Use of the Service beyond the scope of authorized access granted to you by NONEDA Technologies RESOURCES immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from NONEDA Technologies RESOURCES.
8. TERMINATION OF SERVICE
You agree that NONEDA Technologies RESOURCES, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if NONEDA Technologies RESOURCES believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that NONEDA Technologies RESOURCES shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
9. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of NONEDA Technologies RESOURCES. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of NONEDA Technologies RESOURCES, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. NONEDA Technologies RESOURCES is registered with the Corporate Affairs Commission.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE NONEDA Technologies RESOURCESSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NONEDA Technologies RESOURCES SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NONEDA Technologies RESOURCES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NONEDA Technologies RESOURCES SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONEDA Technologies RESOURCES DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NONEDA Technologies RESOURCES SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NONEDA Technologies RESOURCES SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONEDA Technologies RESOURCES DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NONEDA Technologies RESOURCESSITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NONEDA Technologies RESOURCES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NONEDA Technologies RESOURCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NONEDA Technologies RESOURCES SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NONEDA Technologies RESOURCES SITE OR THE SERVICE, FROM INABILITY TO USE THE NONEDA Technologies RESOURCESSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NONEDA Technologies RESOURCES SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NONEDA Technologies RESOURCES SITE OR THE SERVICE OR ANY LINKS ON THE NONEDA Technologies RESOURCES SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NONEDA Technologies RESOURCES SITE OR THE SERVICE OR ANY LINKS ON THE NONEDA Technologies RESOURCES SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold NONEDA Technologies RESOURCES, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. GENERAL INFORMATION
The TOU constitute the entire agreement between you and NONEDA Technologies RESOURCES and govern your use of the Service, superseding any prior agreements between you and NONEDA Technologies RESOURCES.
14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for NONEDA Technologies RESOURCES to pursue legal action to enforce these Terms, you will be liable to pay NONEDA Technologies RESOURCES the following amounts as liquidated damages, which you accept as reasonable estimates of NONEDA Technologies RESOURCES’ damages for the specified breaches of these Terms:
a. If you post a message that
b. If NONEDA Technologies RESOURCES establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay NONEDA Technologies RESOURCES for each message posted in excess of such limits or for each day on which you access NONEDA Technologies RESOURCES in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to NONEDA Technologies RESOURCES email addresses or through NONEDA Technologies RESOURCES computer systems, you agree to pay NONEDA Technologies RESOURCES for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay NONEDA Technologies RESOURCES for each Item of Content posted. In its sole discretion, NONEDA Technologies RESOURCES may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of theTOU, in addition to any liquidated damages under clause (d), you agree to pay NONEDA Technologies RESOURCES for each and every Item you postin violation of the TOU. A Posting Agent will also be deemed an agent ofthe party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent inviolation of the TOU) agrees to NONEDA Technologies RESOURCES an additional for each Item posted by the Posting Agent on behalf ofthe Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without A-Plus Technologies International's express written permission, you agree to pay NONEDA Technologies RESOURCES for each day on which you engage in such conduct.
Otherwise, you agree to pay A-Plus Technologies International's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, NONEDA Technologies RESOURCES retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.