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This Agreement sets forth the
terms and conditions which apply to your use of the
nwt-in.com web site (the "Service") which is offered to you
by NWT Financial Group ("NWTF"). BY USING THIS SITE, YOU
AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU
HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be
bound by this Agreement, please discontinue your use of the
Service.
1.
Restrictions on Use. By
using this Service, you agree that you are over the age of
13, or, if you are 13 or under, you have obtained the
consent of your parent to use the Service. This Service is
owned and operated by NWT Financial and its affiliated
companies and third party service providers, and contains
material which is derived in whole or in part from material
supplied and owned by NWT Financial, and other sources, and
is protected by copyright, trademark, and other applicable
laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, publicly display, prepare derivative
works based on, or distribute in any way any material from
this Service including code and software ("Material"). You
may download Material from this Service for your personal,
non-commercial use only, provided you keep intact all
copyright and other proprietary notices. In the event that
you download Material from the Service, such Material is
licensed to you by NWT Financial or its licensors, and
neither NWT Financial nor their licensors, transfer title to
any such Material to you.
2.
Message Board and Chat Services.
(a)
General. The NWTF message boards (the "Message
Boards") and chat areas (collectively with the Message
Boards, the "Community Areas") are currently provided as
free services. NWTF reserves the right to change the nature
of this relationship at any time. Violation of the terms of
this Agreement may result in the termination of your right
use the Community Areas.
(b)
Rules. It is a condition of your use of the Community
Areas and this Service that you do not: (i) restrict or
inhibit any other user from using and enjoying the Community
Areas; (ii) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or international law; (iii) post
or transmit comments containing harassing or offensive
language, including sexual references, sexual nicknames,
racial slurs or rude or deliberately offensive comments or
engage in disruptive activities online, including excessive
use of scripts, sound waves, scrolling (repeating the same
message over and over), or use viruses, bots, worms or
trojan horses; (iv) post or transmit any information,
software or other material which violates or infringes the
rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first
obtaining permission from the owner or right holder; (v)
post or transmit any information, software or other material
which contains a virus or other harmful component; (vi)
post, transmit or in any way exploit any information,
software or other material for commercial purposes or which
contains advertising; (vi) solicit other users to join,
become members of, or contribute money to any online service
or other organization, advocate or attempt to get users to
join in legal or illegal schemes or plan or participate in
scams involving other users; (vii) impersonate any person or
entity or falsely state or otherwise misrepresent your
professional or other affiliation with any person or entity;
(viii) resell, redistribute, broadcast or transfer the
information or use the information in a searchable,
machine-readable database; or (viii) use the Service to
collect personally identifying information about users of
the Service in violation of our Privacy Policy. You agree
that you will not use the Service, including the information
provided therein and all related equipment, networks and
network devices (specifically including Internet access) for
any unlawful purpose. NWT Financial, at its sole and
absolute discretion, shall determine whether any information
transmitted or received violates this provision.
(c)
Monitoring. You understand that NWTF has no
obligation to monitor the Community Areas. However, NWT
Financial reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in
NWTF’s sole and absolute discretion are objectionable or in
violation of this Agreement. You acknowledge that NWT
Financial reserves the right to, and may from time to time,
monitor any and all information transmitted or received
through the Service, for operational and other purposes.
During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with
our Privacy Policy. Use of the Service constitutes consent
to such monitoring.
(d)
License. Except as set forth in the Privacy Policy,
by posting messages, uploading files, inputting data, or
engaging in any other form of communication through the
Community Areas or through email to NWTF (a
"Communication"), you are granting NWTF a royalty free,
irrevocable, perpetual, non-exclusive, unrestricted,
worldwide license to (i) use, copy, sublicense, adapt,
transmit, publicly perform or display any such
Communication, and (ii) sublicense to third parties the
unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No Communication
shall be subject to any obligation of confidence on the part
of NWT Financial. The foregoing grants shall include the
right to exploit any proprietary rights in such
Communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws in any
relevant jurisdiction.
(e)
Content. Communications posted in the Community Areas
are provided by users such as yourself who are unaffiliated
with NWT Financial, and the user providing each such
Communication is solely responsible for the content thereof.
In using the Community Areas, you should not assume that
such messages have been reviewed by NWT Financial, that such
Communications contain correct information, or that the
persons posting such Communications have accurately
identified themselves and/or their affiliation with any
third party.
(f)
Personal Safety. When using the Service, please be
certain that anything you say does not compromise your
personal safety. Do not provide your name, phone number or
any other personally identifying information to people you
do not know. Do not continue any conversation online that
makes you feel uncomfortable.
3.
Submissions. NWT
Financial is pleased to hear from users and welcomes your
comments regarding NWT Financial's programs and services.
Unfortunately, NWT Financial's company policy does not allow
it to accept or to consider creative ideas, suggestions, or
materials other than those it has specifically requested. We
hope that you will understand that the intent of this policy
is to avoid the possibility of future misunderstandings when
projects developed by NWT Financial's employees and agents
might seem to be similar to creative works submitted by
users. If, at our request, you send certain specific
submissions (postings to the Community Areas, or contests),
or without a request from us you send creative suggestions,
comments, ideas, notes or concepts or other materials, they
shall be deemed, and shall remain, the property of NWT
Financial, and shall otherwise be subject to the provisions
of Section 2(d), above.
4.
Financial with Online Brokerage
and Mutual Fund Firms. The Service provides links to
online Financial services for your convenience only. These
online Financial services are provided by registered broker
dealers and mutual fund companies, and such broker dealers
and mutual fund companies are solely responsible for any
services provided to you. NWT Financial is not a registered
broker dealer or mutual fund company.
5.
Content Disclaimer. NWT
Financial solely provides investment information to its
users and is not intended to provide investment advice. NWT
Financial does not guarantee the accuracy, completeness or
timeliness of, or otherwise endorse, the views, opinions or
recommendations on NWT Financial, or advocate the purchase
or sale of any security or investment.
6.
Disclaimer of Warranties.
NWT Financial HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY
MATERIALS ON THIS SERVICE. NEITHER NWT Financial, ITS PARENT
OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS
OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN
THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, NWT Financial DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NWT Financial DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY
AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NWT Financial DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN
THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF
ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE
TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND
CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND
FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE
RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR
ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT
NWT Financial) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION.
7.
Limitation of Liability.
IN NO EVENT
SHALL NWT Financial, ITS PARENT OR SUBSIDIARY COMPANIES NOR
ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO
USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NWT
Financial OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NEITHER NWT Financial ITS PARENT
OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS
SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS
WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE.
8.
Indemnification. You
agree to defend, indemnify and hold harmless NWT Financial
its parent, affiliates and their respective directors,
officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any and
all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or
accruing from (a) any material posted or otherwise provided
by you that infringes any copyright, trademark, trade
secret, trade dress, patent or other intellectual property
right of any person or defames any person or violates their
rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the Service; (c)
any non-compliance by you with the terms and conditions of
this Agreement; and (d) claims brought by persons or
entities other than the parties to this Usage Agreement
arising from or related to your access and use of the
Service, including the information obtained through the
Service.
9.
Termination. This
Agreement and the license rights granted hereunder shall
remain in full force and effect unless terminated,
suspended, or canceled for any of the following reasons: (a)
upon thirty (30) days written notice by any party of its
intent to terminate this Agreement; (b) immediately by NWT
Financial for any unauthorized access or use by you,
including, without limitation (i) concurrent access of the
Service with identical user identification numbers, (ii)
permitting another person or entity to use your user
identification number to access the Service, or (iii) any
other access or use of the Service except as expressly
provided in this Agreement; or (c) immediately, if you
violate the terms and conditions of this Agreement or the
rules and regulations relating to the use of, or tamper with
or alter any of the software and/or data files contained in,
or accessed through, the Service. Termination, suspension,
or cancellation of this Agreement or your access rights
shall not affect any right or relief to which NWT Financial
may be entitled, at law or in equity. Upon termination of
this Agreement, all rights granted to you will terminate and
revert to NWT Financial and its licensors.
11.
Minors. If you have
agreed to allow your minor child, or a child for whom you
are legal guardian (a "Minor"), to register as a member of
the Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor.
12.
Child Online Protection Act
Notification. Pursuant to 47 U.S.C. Section 230(d) as
amended, NWT Financial hereby notifies you that parental
control protections (such as computer hardware, software, or
filtering services) are commercially available that may
assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such
protections is available at the Electronic Frontier
Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
13.
Infringement Policy. NWT
Financial, pursuant to 17 U.S.C. Section 512 as amended by
Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to
terminate your license to use the Service if it determines
in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or
repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing. NWT
Financial accommodate and do not interfere with standard
technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section
512(c), NWT Financial has implemented procedures for
receiving written notification of claimed infringements and
for processing such claims in accordance with the Act.
In addition, any written
notice regarding any defamatory or infringing activity,
whether of a copyright, patent, trademark or other
proprietary right, should be sent to our designated agent,
listed above, and must include the following information:
A. A physical or electronic
signature of a person authorized to act on behalf of (1) the
owner of an exclusive right that is allegedly infringed or
(2) the person defamed.
B. Identification of the
copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are
covered by a single notification, a representative list of
such works at that site. Similarly for other types of
infringing materials, a list of such materials.
C. Identification of the
material that is claimed to be infringing, to be the subject
of infringing activity, or that is claimed to be defamatory
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us
to locate the material.
D. Information reasonably
sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. A statement that you have
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the
information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed or on behalf of the person defamed.
14.
Modification. NWT
Financial reserves the right to amend this Agreement, and to
modify, add or discontinue any aspect, content, or feature
of the Service. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof, which
may be provided to you by posting on the Service, via e-mail
or any other reasonable means. Continued use of the Service
by you shall be deemed to indicate your acceptance of any
such amendments, modifications, additions or deletions.
15.
Jurisdiction. Unless otherwise specified, the
materials on this Service are presented solely to provide
information regarding and to promote NWT Financial's products
and services available in the United States, its
territories, possessions and protectorates. This Service is
controlled and operated by NWT Financial from its offices
within the state of Washington, and by certain third party
providers from their offices within the United States of
America. Neither NWT Financial nor any third party service
provider makes any representation that materials on this
Service are appropriate or available for use outside the
United States. Those who choose to
access this Service from
outside the United States do so on their own initiative and
are responsible for compliance with local laws, if and to
the extent that local laws are applicable. Software from
this Service is further subject to United States export
controls. No software from this Service may be downloaded or
otherwise exported or re-exported (A) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the U.S. has embargoed goods,
or (B) to anyone on the U.S. Treasury Department list of
Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny
Orders. By using the Service, you represent and warrant that
you are not located in, under the control of, or a national
or resident of any such country or on any such list.
16.
Miscellaneous. This
agreement shall be governed by and construed in accordance
with the laws of the State of Washington without giving
effect to any principles of conflicts of law. You may not
assign any of your rights, obligations or privileges
hereunder without the prior written consent of NWT
Financial. Any assignment other than as provided for in this
Section shall be null and void, ab initio. If any provision
of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions. This Agreement
and any posted operating rules constitute the entire
agreement of the parties with respect to the subject matter
hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written,
between the parties with respect to such subject matter. No
waiver by either party of any breach or default hereunder
shall be deemed a waiver of any subsequent breach or
default. The titles and subtitles used in this Agreement are
used for convenience only and are not to be considered in
construing or interpreting this Agreement. |