OWNERSHIP & PROPRIETARY RIGHTS
This Website is owned and operated by NetAlly. The visual interfaces, graphics, artwork, information, data, computer code, and all other elements of the Site (“Materials”), including the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials are protected by intellectual property and other laws. All Materials included in the Site are the property of NetAlly or its third party licensors. Except as expressly authorized by NetAlly, you may not make use of the Materials. NetAlly reserves all rights to the Materials not granted expressly in these Terms. All copyrights and other intellectual property rights in the Website, including without limitation, all trademarks, logos, software, and written and graphical content included in the Website, are owned by NetAlly and are hereby reserved.
NetAlly hereby authorizes you to copy materials published by NetAlly on this Website solely for non-commercial use within your organization (or, if you are a NETALLY Partner, your customer’s organization) in support of NETALLY products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of NETALLY or any third party.
ALL CONTENTS ON THIS WEBSITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM NETALLY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
LINKS TO THIRD-PARTY SITES
This Website may contain links to third-party sites. Access to any other Internet site linked to this Website is at the user’s own risk and NETALLY is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. NETALLY provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
COMPLIANCE WITH APPLICABLE LAWS & EXPORT CONTROL
Your access to this Website is governed by all applicable federal, state, and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
CONTENT & LIABILITY DISCLAIMER
NETALLY shall not be responsible for any errors or omissions contained on the NETALLY Website. NETALLY may change the programs or products mentioned at any time without notice. Mention of non-NETALLY products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by NETALLY. All NETALLY and third-party information provided on the NETALLY Website is provided on an “as is” basis.
NETALLY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY NETALLY WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT SHALL NETALLY OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NETALLY AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY NETALLY WEBSITE, ANY NETALLY PRODUCT OR SERVICE, EVEN IF NETALLY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify NetAlly and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “NetAlly Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
GOVERNING LAW & DISPUTES
The NETALLY Website is controlled by NETALLY from its offices in Colorado Springs, CO, USA. You acknowledge and agree that any dispute arising directly or indirectly out of Your use of this Website shall be governed by the laws of the State of Colorado, USA, without regard to any choice-of-law provision, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that the state or federal courts located in Denver, Colorado, USA, shall have the exclusive jurisdiction and venue over any action arising out of your use of the NETALLY Website. You specifically agree that any and all resulting claims and/or counterclaims arising out of Your use of this Website shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA), in front of a single arbitrator and that the location of such arbitration shall be Denver, Colorado US. Each party hereto waives any claims of forum non conveniens. The language of the arbitration shall be English.
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
NetAlly is under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
Last updated: May 21, 2022