Terms of Service & Conditions of Use
The following describes the Terms of Service & Conditions of Use for www.neoklix.com
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR
WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR
WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT
USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT
INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR
WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE
AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS,
DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT
LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR
WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
Our neoklix.com website (and other "internal" websites stemming from
it, such as specific membership sites or webpages pertinent to the main
website or weblog) is an online (and, periodically, offline)
information service and is subject to your compliance with the terms
and conditions set forth below (all parts and parties collectively
referred to as our website).
Any other policies, notices, or other legal/administrative pages
contained in our website are necessarily incorporated into these Terms
of Service and Conditions of Use. This may include, without limitation,
a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam
Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your
use of our www.neoklix.com website and the content and materials
provided in it.
Our website is an independent, stand-alone entity that has no
relationship, connection, or affiliation whatsoever with any company,
person, outfit, organization, or group mentioned herein, even if such
name appears in our website name, domain, URL, or otherwise. You should
assume no other party, by mere mention of their name, has endorsed
anything you see here. The aim is simply to provide useful resources
for our readers, some of which we may be compensated for. You should
simply assume at all times we are being compensated and, while that may
not prompt us to make unsound recommendations, you should always be
responsible for your own financial decisions, be it investing,
purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual
property law, including international copyright and trademark laws. The
owner of the copyrights and/or trademarks are our website, and/or other
third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post,
software, application, add-on, plugin, art, graphics, images, photos,
video, webinar, recording or other materials viewed or listened to
through or from our neoklix.com website or via email or by way of
protected content in a membership site. The posting of data on our
website, such as a blog comment, does not change this fact and does not
give you any right in the data. You surrender any rights to your
content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all
copyright and other proprietary notices contained in the original
content on any copy you make of the content. You may not sell or modify
the content or reproduce, display, publicly perform, distribute, or
otherwise use the content in any way for any public or commercial
purpose. The use of paid content on any other website or in a networked
computer environment for any purpose is prohibited. If you violate any
of the terms or conditions, your permission to use the content
automatically terminates and you must immediately destroy any copies
you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to
use our website only for private, personal, noncommercial reasons. You
may print and download portions of material from the different areas of
the website solely for your own non-commercial use, provided that you
agree not to change the content from its original form. Moreover, you
agree not to modify or delete any copyright or proprietary notices from
the materials you print or download. Also note that any notice on any
portion of our website that forbids printing & downloading trumps
all prior statements and controls.
As a user, you agree to use the products and services offered by our
website in a manner consistent with all applicable local, state and
federal laws and regulations. No material shall be stored or
transmitted which infringes or violates the rights of others, which is
unlawful, obscene, profane, indecent or otherwise objectionable,
threatening, defamatory, or invasive of privacy or publicity rights.
Our www.neoklix.com website prohibits conduct that might constitute a
criminal offense, give rise to civil liability or otherwise violate any
law. Any activity that restricts or inhibits any other user from using
the services of our website is also prohibited. Unless allowed by a
written agreement, you may not post or transmit advertising or
commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free,
worldwide, irrevocable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of our website (such as bulletin boards, forums, blog, and newsgroups)
or by e-mail to our website by all means and in any media now known or
hereafter developed. You also grant to our website the right to use
your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against our website for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
our website.
Trademarks Publications, products, content or services
referenced herein or on our website are the exclusive trademarks or
servicemarks of our neoklix.com website or related parties. Other
product and company names mentioned in our website may be the
trademarks of their respective owners.
Links to Our Website You may provide links to our website,
provided you do not change, remove, or obscure the copyright notice or
other notices on our website. Your website or other source of links
must not engage in illegal or pornographic activities. Finally, you may
link provided you understand that you must stop linking to our website
immediately upon request by our website.
2. Use of our website. You agree, acknowledge, and accept
that we are not trained professionals and do not purport to render
professional or expert advice in any arena.
Data contained on or made available through our www.neoklix.com website
is not intended to be, and does not constitute, legal advice. Our
website, and your use of it, does not create an attorney-client
relationship. We do not warrant or guarantee the accuracy, adequacy, or
recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended
to be, and does not constitute, medical or health advice. Our website,
and your use of it, does not create a physician-patient relationship.
We do not warrant or guarantee the accuracy, adequacy, or recency of
the data contained in or linked to our website.
Data contained on or made available through our website is not intended
to be, and does not constitute, financial/investing advice. Our
website, and your use of it, does not create an advisor-client
relationship. We do not warrant or guarantee the accuracy, adequacy, or
recency of the data contained in or linked to our website.
Your use of our neoklix.com website or materials linked to our website
is completely at your own risk. You should not act or depend on any
data on our website, where applicable, without seeking the counsel of a
competent lawyer licensed to practice in your jurisdiction for your
particular legal issues. You should not act or depend on any data on
our website, where applicable, without seeking the counsel of a
competent physician licensed to practice in your jurisdiction for your
particular medical issues. You should not act or depend on any data on
our website, where applicable, without seeking the counsel of a
competent financial advisor licensed to practice in your jurisdiction
for your particular financial needs and issues.
We may make changes to the features, functionality or content of our
website at any time. We reserve the right in our sole discretion to
edit or delete any data appearing on our website.
Your Duty To Other Users Your use of our website is for your
own personal, non-commercial benefit. In no way are you to leverage our
website in a way that mines for the personal information of other,
whether in blog comments or otherwise, for your own use or for the
benefit of others. This includes, but is not limited to, spam
(unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access Access to certain areas of our
www.neoklix.com website is restricted. We reserve the right to restrict
access to other areas of our website, or indeed our whole website, at
our discretion.
If we provide you with a user ID (username) and password to enable you
to access restricted areas of our website or other content or services,
you must ensure that that user ID and password is kept confidential.
You may not share your user ID and/or password with anyone for any
reason, either directly or indirectly. You accept responsibility for
all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if
you breach any of the policies or terms governing your use of our
neoklix.com website or any other contractual obligation you owe to us.
Third-Party Products/Services You understand that, except
for information, products or services clearly identified as being
supplied by our website, our website does not operate, control or
endorse any information, products or services on the Internet in any
way. Except for information identified by our website as such, all
information, products and services offered through our website or on
the Internet generally are offered by third parties that are not
affiliated with our website, and we may be compensated.
Viruses, etc. You also understand that our neoklix.com
website cannot and does not guarantee or warrant that files available
for downloading through our website will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to our website for the reconstruction of any lost
data.
Assumption of Risk YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR
WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR
WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability The content may contain
inaccuracies or typographical errors. Our www.neoklix.com website makes
no representations about the accuracy, reliability, completeness, or
timeliness of the content or about the results to be obtained from
using our website or the content on it. Use of our website and the
content is at your own risk. Changes are periodically made to our
website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE
ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR
WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages IN NO
EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE
SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH
OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED
TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES
OTHERWISE AVAILABLE.
Links to Other Websites Our website contains links
to third party Websites. Our neoklix.com website makes no
representations whatsoever about any other website which you may access
through this one or which may link to this website. When you access a
website from our website, please understand that it is independent from
our website, and that our website has no control over the content on
that website. These links are provided solely as a convenience to you
and not as an endorsement by our website of the contents on such
third-party Websites. Our website is not responsible for the content of
linked third-party Websites and does not make any representations
regarding the content or accuracy of material on such third party
Websites. If you decide to access linked third-party Websites, you do
so at your own risk. We do not necessarily endorse, recommend, suggest
or otherwise make any overture or prompt for action regarding any
product or service offered. You should assume we are compensated for
any purchases you make. Again, any income claims should be construed as
atypical results and you assume the risk that inferior results obtain,
including losses, for which we carry no responsibility or liability.
User Submissions As a user of our www.neoklix.com website,
you are responsible for your own communications and are responsible for
the consequences of their posting. You must not do the following
things: post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, profane, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
user of our website or any other person or entity; post a
sexually-explicit image; post advertisements or solicitations of
business; post chain letters or pyramid schemes; or impersonate another
person.
Our website does not represent or guarantee the truthfulness, accuracy,
or reliability of any communications posted by other users of our
website or endorse any opinions expressed by users of our website. You
acknowledge that any reliance on material posted by other users of our
website will be at your own risk.
Our neoklix.com website does not necessarily screen communications in
advance and is not responsible for screening or monitoring material
posted by users of our website. If observed by our website and/or
notified by a user of communications which allegedly do not conform to
this agreement, our website may investigate the allegation and
determine in good faith and its sole discretion whether to remove or
request the removal of the communication. Our website has no liability
or responsibility to users of our website for performance or
nonperformance of such activities. Our website reserves the right to
expel users of our website and prevent their further access to our
website for violating this agreement or any law or regulation, and also
reserves the right to remove communications which are abusive, illegal,
or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose
much personal information about themselves, in a way that seems
innocuous, if not proper and expected. However, more than a few folks
have already lived to regret personal information that was shared
either by them or others. This has long been true of simple email. It
is exponentially true of social websites and applications for social
media on any other website, including this one. You are cautioned
against carelessly disclosing information.
3. Indemnification. You agree to indemnify, defend and hold
harmless our neoklix.com website, its members, officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to our website from and against all losses, expenses, damages
and costs, including reasonable attorneys’ fees, resulting from any use
of our website or violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights. The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of our
website and its owners, officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its/their
own behalf.
5. Term; Termination. We reserve the right to investigate
complaints or reported violations of these Terms of Service and
Conditions of Use and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any data necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history, IP
addresses and traffic data.
This Agreement, in whole or in part, may be terminated by neoklix.com
without notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No
Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any
termination of this Agreement, in whole or in part.
6. Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter
and should NOT be based solely on data contained on our website or in
advertisements.
The law is constantly changing and the data may not be complete or
accurate depending on your particular legal issue. Each legal issue
depends on its individual facts and different jurisdictions have
different laws and regulations. This is why you should seriously
consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of
diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just
one factor to consider before making any investments or financial
decisions. For these, and other, reasons, you should look to the
guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in
any way be construed as initiating an attorney-client relationship, or
other professional relationship, and so the contact should not include
confidential or sensitive data because your communication will not be
treated as privileged or confidential.
7. Miscellaneous.
Governing Law This Agreement shall treated as though
executed, set in force, and performed in the State of State.
Accordingly, it shall be governed and construed in accordance with the
laws of State in terms of those applicable to agreements, without
regard to conflict of law principles.
Disputes Any cause of action by you with respect to our
www.neoklix.com website must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in these Terms of Service
and Conditions of Use. Any legal claim arising out of or relating to
these Terms of Service and Conditions of Use or our website, excluding
intellectual property right infringement and other claims by us, shall
be settled confidentially through mandatory binding arbitration per the
American Arbitration Association commercial arbitration rules. The
arbitration shall be conducted in State. Each party shall bear one half
of the arbitration fees and costs incurred, and each party shall bear
its own lawyer fees. All claims shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party.
Modification Neither the course of conduct between the
parties nor industry trade practice shall act to modify any provision
of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum The language in these Terms of Service
and Conditions of Use shall be interpreted as to its fair meaning and
not strictly for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting party
(i.e. – "contra preferentum") shall not apply in interpreting these
Terms of Service and Conditions of Use, as the Agreement shall be
construed as having been co-authored by the parties.
Severability Should any part of these Terms of Service and
Conditions of Use be held invalid or unenforceable, that portion shall
be construed as much as possible consistent with applicable law and
severability shall apply to the remaining portions, so that they remain
in full force and effect.
This Agreement Prevails To the extent that anything in or
associated with our website is in conflict or inconsistent with these
Terms of Service and Conditions of Use, these Terms of Service and
Conditions of Use shall take precedence.
Waiver Our failure to enforce any provision of these Terms
of Service and Conditions of Use shall not be deemed a waiver of the
provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to neoklix.com.
CHANGE NOTICE: As with any of our administrative and legal
notice pages, the contents of this page can and will change over time.
Accordingly, this page could read differently as of your very next
visit. These changes are necessitated, and carried out by neoklix.com,
in order to protect you and our www.neoklix.com website. If this page
is important to you, you should check back frequently as no other
notice of changed content will be provided either before or after the
change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on
this website, including this one, have been diligently drafted by an
attorney. We at neoklix.com have paid to license the use of these legal
notices and administrative pages on www.neoklix.com for your protection
and ours. This material may not be used in any way for any reason and
unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the
contents of this page, or simply wish to reach us for any other reason,
you may do so by using our Contact information.
Contact Information - admin@neoklix.com
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