These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
2) Permitted Users of Site
This Site is directed to persons 18 years of age or older. This Site and NuGEN Technologies Inc. (“NuGEN”) do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Site. If you are under age 13, you are not permitted to use this Site or to submit any personally identifiable information to the Site.
3) Permitted Use of Site
The content available through the Site (the “Content”) is the sole and exclusive property of NuGEN and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by NuGEN in writing. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Site by any means other than through a standard web browser.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by NuGEN, you are permitted to view and use the Site and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by NuGEN. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
5) Proprietary Rights
You acknowledge and agree that, as between NuGEN and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by NuGEN or its licensors and are protected by United States intellectual property laws and other applicable laws. This includes, but is not limited to, those products and technology as described at http://www.nugen.com/support/grants-publication-tools.
Copyright: All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of NuGEN or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to NuGEN. Without limiting the foregoing, NuGEN, Ovation, SPIA, Ribo-SPIA, Applause, Encore, Prelude, Mondrian and Imagine More from Less are trademarks or registered trademarks of NuGEN Technologies, Inc. Unauthorized use of any trademark of NuGEN may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by NuGEN or of NuGEN by the third parties.
6) Your Indemnity of NuGEN
7) Prohibited Actions:
You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and NuGEN reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Site, you will not:
- Use the Site or the content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable.
- Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Site.
- Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the content or any other materials or information available from the Site.
- Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the content or any other materials or information available from the Site.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Circumvent or modify any Site security technology or software or take any action that affects the security of the Site.
- Engage in any other action that, in the judgment of NuGEN, exposes it or any third party to potential liability or detriment of any type.
Links to Other Websites and Search Results:
The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of NuGEN and NuGEN is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and NuGEN disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that NuGEN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site:
You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of NuGEN or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with NuGEN or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking website; and (iv) NuGEN reserves the right to revoke its consent to the link at any time and in its sole discretion.
9) Modifications to Site
NuGEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that NuGEN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
10) Suspension and Termination Rights
NuGEN reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that NuGEN shall not be liable to you or any third party for any such suspension or termination.
THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUGEN AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code
12) Limitation on Liability
Exclusions and Limitations:
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
13) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Any cause of action or claim you may have with respect to these Terms, NuGEN, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. NuGEN does not represent that the Site or Content are appropriate outside the United States of America.
14) Force Majeure
NuGEN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and NuGEN with respect to the subject matter hereof. If any provision of the Terms 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 the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. NuGEN’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of NuGEN, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.