Terms of Use

Updated November 7, 2016

The following are terms of a legal agreement between you and NAYINTY3 (“we,” “us,” or “our”). By accessing, browsing and/or using this web site, www.nayinty3.com its related web pages, interactive features and applications, and their respective contents, or any other website linking to these terms, whether accessed via computer, mobile device or other technology (collectively, the “Web Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Site “Terms of Use”” and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to all or any of these terms, we are unwilling to grant you access to the Web Site, and you must immediately cease use of the Web Site.

PLEASE READ CAREFULLY THESE TERMS WHICH ARE HEREBY INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE WEB SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE WEB SITE, AND/OR THE INTERNET. IF YOU ARE USING THE WEB SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE SITE “TERMS OF USE”.

In addition, certain portions of the Web Site may be subject to additional “Terms of Use” that we make available for your review or otherwise link to that portion of the Web Site to which such additional terms apply. By using such portions, or any part thereof, you agree to be bound by the additional “Terms of Use” applicable to such portions. In the event that any of the additional “Terms of Use” governing such portion conflict with these terms, the additional terms will control. Sales of NAYINTY3 products and services are also subject to a separate sales agreement.

Age Restrictions

The Web Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of maturity in their state or territory of residence (if higher than 18), and who are not barred from using the Web Site under applicable laws.

Ownership

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Web Site (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Site “Terms of Use” grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Web Site according to these Site “Terms of Use”. Furthermore, nothing in these Site “Terms of Use” will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.

Certain of the names, logos, and other materials displayed via the Web site constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Web Site will be governed by such third parties’ licenses and not by these Site “Terms of Use”.

This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web Site may contain technical inaccuracies or typographical errors.

NAYINTY3 assumes no responsibility regarding the accuracy of the information that is provided by NAYINTY3 and use of such information is at the recipient's own risk. NAYINTY3 provides no assurances that any reported problems may be resolved with the use of any information that NAYINTY3 provides. By furnishing information, NAYINTY3 does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Right to Modify the Web Site

We reserve the right to modify or discontinue the Web Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. NAYINTY3 may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Web Site. If you object to any such changes, your sole recourse will be to cease access to the Web Site. Continued access to the Web Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Web Site as so modified.

Feedback

There may be instances where we solicit your suggestions, ideas, innovations, feedback or opinion regarding various areas of our business, the Web Site, or our products or services (“Feedback”). If you choose to send us your Feedback (as we hope you do), please understand that in order for NAYINTY3 to accept your input, you must agree that NAYINTY3 has your permission on an unrestricted basis to use, disclose, and exploit any such Feedback you provide and that NAYINTY3 has no obligation to compensate or acknowledge you in any way or to keep your Feedback confidential. By sending any Feedback to NAYINTY3 you are indicating your agreement to these terms. If you do not agree with these terms, please do not submit any Feedback.

Privacy

IF YOU ACCESS THE WEB SITE, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO HAVE YOUR INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY POLICY, YOU MUST DISCONTINUE ACCESS TO THE WEB SITE IMMEDIATELY.

General Rules of Conduct

You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site, or access to the Web Site for any purposes other than for your internal business purposes, or do any of the following:

  1. Conduct or promote any illegal activities while using the Web Site;
  2. Attempt to reverse engineer or jeopardize the correct functioning of the Web Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Web Site;
  3. Create derivative works of the Web Site;
  4. Attempt to gain access to secured portions of the Web Site to which you do not possess access rights, or circumvent the user authentication or security of the Web Site or any host, network, or account related thereto;
  5. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  6. Use the Web Site to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
  7. Use the Web Site to stalk, harass or harm another individual or entity;
  8. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Web Site (including without limitation robots, spiders or scripts);
  9. Interfere in any way with the proper functioning of the Web Site or interfere with or disrupt any servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
  10. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  11. Frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
  12. Interfere with or disrupt the integrity or performance of the Web Site or the data contained therein; or
  13. Remove any proprietary notices or labels within the Web Site.

Global Availability

Information NAYINTY3 publishes on the World Wide Web may contain references or cross references to NAYINTY3 products, programs and services that are not announced or available in your country. Such references do not imply that NAYINTY3 intends to announce such products, programs or services in your country. Please consult with us through NAYINTY3's "contact us" page for any information regarding the products, programs and services which may be available to you.

NAYINTY3's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from NAYINTY3 off this web site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Business Relationships and Links to Third-Party Websites and Content

Content from other users and third parties may be made available to you through the Web Site (“Third Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability or quality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content made available by other users or third parties, or violation of any third party rights related to such content.

Links on the NAYINTY3 Web Site to third-party web sites are provided solely as a convenience to you, and if you use these links, you will leave NAYINTY3’s Web Site. NAYINTY3 makes no representations whatsoever about any other web site which you may access through NAYINTY3. When you access a non-NAYINTY3 web site, even one that may contain the NAYINTY3 logo, please understand that it is independent from NAYINTY3, and that NAYINTY3 has no control over the content on that web site. In addition, a link to a non-NAYINTY3 web site does not mean that NAYINTY3 endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL NAYINTY3 BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED BY NAYINTY3 ON AN "AS IS" BASIS ONLY. NAYINTY3 PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NAYINTY3 MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. NAYINTY3 MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEB SITE FROM US, OUR PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES OR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE.

WE MAKE NO, AND DISCLAIM ANY AND ALL, PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT UPLOADED BY YOU, OR AT YOUR REQUEST, TO THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR DATA ACCURACY.

Duration of Access

You agree that we, in our sole discretion, may immediately terminate your access to the Web Site at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEB SITE OR DELETION OF YOUR ACCOUNT.

Electronic Communications

The communications between you and us use electronic means, whether through the Web Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Mobile Services

If permitted or available through any feature of the Web Site, and you access the Web Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all “Terms of Use” imposed by the carrier.

General Terms

You are responsible for compliance with all applicable laws. These Site “Terms of Use” and the relationship between you and us will be governed by the laws of the State of Arkansas, U.S.A., without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. These Site “Terms of Use” are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Site “Terms of Use” to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Site “Terms of Use”, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Site “Terms of Use” will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Site “Terms of Use” constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Site “Terms of Use”, or portion thereof, to be unenforceable, that provision of the Site “Terms of Use” will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site “Terms of Use” will continue in full force and effect.

Changes to Our “Terms of Use”

NAYINTY3 may at any time revise these Site “Terms of Use” by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. It is your sole responsibility to check the Web Site from time to time to view any such changes to the terms in the Site “Terms of Use”. If you do not agree to any changes, if and when such changes may be made to the Site “Terms of Use”, you must immediately stop using the Web Site.