terms & conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO THIS WEBSITE:


NOUVA LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” NOUVA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. NOUVA LLC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL NOUVA LLC OR ITS EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OR ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF CLOUD LGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR ANY WEB SITE WITH WHICH IT IS LINKED.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL POSTINGS AND/OR SUBMISSIONS ON THIS WEB SITE:

Portions of this Web Site may provide users an opportunity to post and exchange information, ideas and opinions (“Postings”) as well as submit articles to the newsletter (“Submissions”). BE ADVISED THAT CLOUD LGS DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, Postings and/or Submissions do not necessarily reflect the views of CLOUD LGS. In no event shall NOUVA LLC assume or have any responsibility or liability for the Postings and/or Submissions or for any claims, damages or losses resulting from their use and/or appearance on this Web Site.

NOUVA LLC reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be unlawful, offensive, or otherwise in breach of these terms and conditions.

You hereby represent and warrant that you have all necessary rights in and to all Postings and/or Submissions you provide and all materials they contain; that such Postings and/or Submissions shall not infringe any proprietary or other rights of third parties; that such Postings and/or Submissions shall not contain any viruses or other contaminating or destructive devices or features; that material contained in Postings and/or Submissions shall not be defamatory, indecent, offensive, tortuous, or otherwise unlawful; and that Postings and/or Submissions shall not be used to carry out or solicit any unlawful activity.

You hereby authorize NOUVA LLC to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that NOUVA LLC or such other parties see fit. You shall have no claim or other recourse against NOUVA LLC for infringement of any proprietary right in Postings.

IN NO EVENTWILL CLOUD LGS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

“Licensor shall not be liable to licensee for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if Licensor knew or should have know of the possibility thereof. In no event shall Licensor’s aggregate liability exceed the amounts actually paid by Licensor in the 12 month period immediately preceding the event giving rise to the claim.”

 

 

Information Regarding Limitation of Liability clauses (see links below):
http://www.library.yale.edu/~llicense/warrcls.shtml
http://www.lorman.com/newsletters/article.php?article_id=712&newsletter_id=156&category_id=8
http://searchcio-midmarket.techtarget.com/magItem/0,291266,sid183_gci1241021,00.html#