Terms and Conditions of Use
Neon Computers provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at neoncomputers.com or any other web sites (collectively, the “Site”) operated by Neon Computers, you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License
Neon Computers grants you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Neon Computers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Neon Computers without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Neon Computers’ name or trademarks without the express written consent of Neon Computers. Any unauthorized use terminates the license granted by Neon Computers. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of neoncomputers.com so long as the link does not portray Neon Computers, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Neon Computers logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Neon Computers employee. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You agree that you will not use the Site to collect information for chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any employee, representative, or affiliate of Neon Computers who has not given specific permission to be included in such a list.
4. Copyright Ownership
Unless otherwise stated, all content included on the Site, including but not limited to text, graphics, photographs, and logos, and all derivative rights thereof is the property of Neon Computers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Neon Computers does not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
5. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Neon Computers has no control over the content of the linked web sites or other materials, information, goods or services available or contained on these linked sites. Neon Computers is not responsible for and does not guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Neon Computers reserves the right to terminate any link at any time.
6. Disclaimer and Limitation of Damages
(a) Neon Computers is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Neon Computers makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Neon Computers or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Neon Computers reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Neon Computers nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Neon Computers makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. Neon Computers will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold Neon Computers and its affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
8. Applicable Laws
Neon Computers operates the Site from its offices in Nevada and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Neon Computers to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Nevada as applied to agreements made and to be performed entirely therein. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Neon Computers or any of its officers, employees, agents or representatives, such as where notice to Neon Computers is required by contract, or any federal, state or local laws, rules or regulations.