Thank you for visiting the NuemarkGroup.com By using the NuemarkGroup.com, you agree to these terms of use (the “Terms of Use”) and the NuemarkGroup.com Terms of Service (“TOS”) located. If you disagree with any of the terms below or the TOS, NuemarkGroup.com does not grant you a license to use the NuemarkGroup.com. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control. NuemarkGroup.com (“NuemarkGroup.com”) reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use on this page. NuemarkGroup.com may change these Terms of Use by posting a new version without notice to you. Use of the NuemarkGroup.com after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
The NuemarkGroup.com are owned by NuemarkGroup.com and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the NuemarkGroup.com, all updates, revisions, substitutions, and any copies of the NuemarkGroup.com made by or for you. All rights not expressly granted to you are reserved by NuemarkGroup.com.
a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the NuemarkGroup.com and any updates provided by NuemarkGroup.com (in its sole discretion) for your own noncommercial use or benefit. Your license to the NuemarkGroup.com under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the NuemarkGroup.com. NuemarkGroup.com may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) NuemarkGroup.com publicly posts a written notice of termination on NuemarkGroup.com’s Web site, (iii) NuemarkGroup.com sends a written notice of termination to you, or (iv) NuemarkGroup.com ceases providing access to the NuemarkGroup.com to you.
b. YOU WILL use instructions provided in the NuemarkGroup.com to place attribution identification information into any application or service you develop that incorporates or makes any use of the NuemarkGroup.com. The identification information will be shared with NuemarkGroup.com through any use of each such application.
c. YOU WILL NOT:
(i) use the NuemarkGroup.com in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the NuemarkGroup.com in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the NuemarkGroup.com TOS or these Terms of Use;
(iii) sell, lease, or sublicense the NuemarkGroup.com or access thereto or derive income from the use or provision of the NuemarkGroup.com, whether for direct commercial or monetary gain or otherwise, without NuemarkGroup.com’s prior, express, written permission; or
(iv) use the NuemarkGroup.com in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the NuemarkGroup.com Finance Module documentation, as determined by NuemarkGroup.com in its sole discretion.
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the NuemarkGroup.com or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in the NuemarkGroup.com. In addition, You will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the NuemarkGroup.com or any portion of the NuemarkGroup.com for any purpose.
2. Ownership and Relationship of Parties.
The NuemarkGroup.com may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Nuemark Group, LLC’s rights apply to the NuemarkGroup.com and all output and executables of the NuemarkGroup.com, excluding any software components developed by you which do not themselves incorporate the NuemarkGroup.com or any output or executables of the NuemarkGroup.com. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. NuemarkGroup.com owns all rights, title, and interest in and to the NuemarkGroup.com. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by NuemarkGroup.com, including (but not limited to) the NuemarkGroup.com and NuemarkGroup.com trademarks.
3. Support.
NuemarkGroup.com may elect to provide you with support or modifications for the NuemarkGroup.com (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. NuemarkGroup.com may change, suspend, or discontinue any aspect of the NuemarkGroup.com at any time, including the availability of any NuemarkGroup.com. NuemarkGroup.com may also impose limits on certain features and services or restrict your access to parts or all of the NuemarkGroup.com or the NuemarkGroup.com Web site without notice or liability.
4. Fees and Payments.
NuemarkGroup.com reserves the right to charge fees for future use of or access to the NuemarkGroup.com in The Nuemark Group, LLC’s sole discretion. If The Nuemark Group, LLC decides to charge for the NuemarkGroup.com Services, such charges will be disclosed to you in advance.
5. Disclaimer of Any Warranty.
THE NUEMARK GROUP, LLC DOES NOT REPRESENT OR WARRANT THAT ANY OF THE NUEMARKGROUP.COM’S PAGES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE NUEMARKGROUP.COM’S CONTENTS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND NUEMARKGROUP.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF NUEMARKGROUP.COM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY NUEMARKGROUP.COM INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. Limitation of Liability.
THE NUEMARK GROUP, LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE NUEMARKGROUP.COM, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT NUEMARKGROUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NUEMARKGROUP.COM BE LIABLE TO YOU FOR ANY AMOUNT.
7. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against The Nuemark Group, LLC, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of NuemarkGroup.com.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify The Nuemark Group, LLC and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of NuemarkGroup.com, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. NuemarkGroup.com shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.
10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and NuemarkGroup.com shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of The Nuemark Group, LLC, express or implied, and you shall not attempt to bind The Nuemark Group, LLC to any contract.
10.2 Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
10.3 Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and The Nuemark Group, LLC shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and The Nuemark Group, LLC agree to submit to the personal jurisdiction of the courts located within the county of Multnomah, Oregon
10.4 No Waiver of Rights by The Nuemark Group, LLC. The Nuemark Group, LLC failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
10.5 Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between The Nuemark Group, LLC and you with respect to the subject matter hereof.