NALINCO AGREEMENT
Welcome to this website, a service of NATIONAL LINE INVESTMENT COMPANY LLC., ("NALINCO"). Please read the following Agreement carefully.
Scope and Terms of this Agreement
BY USING THIS WEBSITE YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS VISITOR AGREEMENT, AND YOU AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS STATED BELOW. IF YOU ARE NOT OF LEGAL AGE AND/OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS
WEBSITE IMMEDIATELY.
You may gain access to this Agreement by clicking on any hyperlink that is labeled "Visitor Agreement," found on this, and other, NALINCO websites. While this Agreement
comprises the entire agreement between you and NALINCO, you shall also be subject to any additional terms and conditions that may apply when you are purchasing, activating
or using any content, software, products, or services of any kind or nature, through this, or other, NALINCO websites. (Please read carefully the Terms and Conditions and
disclaimers accompanying the purchase and activation of products or services through this, and other, NALINCO websites ). You may not revise any of the terms of this
Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of NALINCO. NALINCO reserves the right to, and may, revise
this Agreement at any time, and such revisions shall become effective fifteen (15) business days after NALINCO posts the revised Agreement for public viewing. The revisions to
the Agreement shall include notice of the date the most recent revision to the Agreement was posted. You agree to read the revisions to this Agreement periodically and,
preferably, at least once every fifteen (15) business days to become aware of such revisions to this Agreement. Your continued use of the NALINCO website(s) more than fifteen
(15) business days after NALINCO posts revisions to this Agreement, as described above, shall be considered to be your assent to the additional terms and conditions made part of
this Agreement by such revisions. NALINCO encourages you to print out the Visitor Agreement periodically and to retain a current copy.
Content of this Website
NALINCO grants you a limited, non-exclusive, and non-transferable license to use this website, and its various components, or to refer third parties to the website for the sole
purpose of acquiring information related to certain NALINCO products or services. This license is subject to the restriction that, except to the extent expressly permitted by law,
you may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from the software residing at or used to operate the website or
NALINCO services (hereinafter referred to as the "NALINCO Software"). You may not modify the NALINCO Software in any manner or form, or use it in any way which is not
expressly authorized by NALINCO, including, without limitation, for the purpose of obtaining unauthorized access to NALINCO's service or data (also known as "hacking"), other
than to access the website, as authorized by this Agreement,. You agree to abide by the laws of the United States and other applicable export control laws and regulations and
not to transfer, by electronic transmission or otherwise, any information, including the NALINCO Software in either source, object, or executable form, which is subject to
restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or
licensing requirements and without first providing NALINCO with a certified copy of said license or written government authorization, evincing compliance with all applicable
export control laws and regulations.
"Content" that NALINCO provides on any and all of its websites, or on any and all files, software, and databases that NALINCO uses to operate the NALINCO website(s) or services,
and any and all files NALINCO makes available to you for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and
other copyright laws as individual works, and as a collective work and/or compilation, and NALINCO claims and owns, intends to own, or is in the process of owning a copyright,
trademark, and/or patent in the selection, coordination, arrangement and enhancement of such Content. You agree not to modify, publish, transmit, participate in the transfer or
sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display, create collective works or compilations, or in any way exploit, any of the
Content, in whole or in part. If NALINCO applies no specific restrictions directly or indirectly in relation to a particular item of Content, you may make a reasonable and limited
number of copies of such item, including copyrighted material, provided that you make and use the said copies solely for your personal and non-commercial use. Further, you
agree to ensure that any notices contained in the Content such as all copyright, trademark, service mark, patent, and other proprietary rights notices are reproduced in an
unmodified form in all such copies, and that you will refrain from transferring such Content to any other person, entity, computer, computer network, or other device, without the
prior express written consent of NALINCO. You agree to comply with all the terms and conditions of NALINCO's Copyright Notice and Policy, as amended or revised from time to
time, and available online. Third persons not parties to this Agreement shall retain all intellectual property rights they may have to Content they own and which they enjoy by
law. You agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify NALINCO from any infringement you cause to the rights of any third party
in any intellectual property rights that may result from your use of the NALINCO website or services.
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks"), of NALINCO are and shall remain the exclusive property
of NATIONAL LINE INVESMENT COMPANY, and nothing in this Agreement shall grant you the right to license or use such marks.
Illegal or Unauthorized Use
You agree to abide by, and to follow, all applicable laws in using the NALINCO website(s) and, to the extent allowed by law, you agree to defend, hold harmless, and indemnify
NALINCO from any damages caused by your violation of any applicable laws. You acknowledge that access to or use of this website may not be legal in certain countries. If you
access or use the website or services outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in
which, or from which, you access or use the website or services. You may not use the NALINCO website or any products or services you purchase or activate by way of the website
for any unlawful purpose. NALINCO reserves the right to discontinue furnishing service or to limit the use of the website if you use the NALINCO website, or purchase or activate
any products or services by way of the website in violation, or attempted violation of, the law.
You further agree that you will not engage, or attempt to engage, in any of the following activities in connection with your use of the NALINCO website or services or otherwise:
1) Violating the security of the website or any other computer network, or cracking passwords or security encryption codes; 2) Transferring or storing illegal material including that
deemed threatening or obscene, or engaging in any other kind of illegal activity; 3) Impersonating, or using any name of, any person living or dead, organization, business, or
other entity, or communicating under any false name that you are not authorized to use; 4) Soliciting other NALINCO customers, retailers, or distributors to become customers of
other companies or services directly competing with NALINCO ; 5) Violating any of the rules, regulations and policies of those networks, computer systems, telecommunications
carriers, or Internet service providers that you use to access the website; 6) Causing or attempting to cause traffic levels to NALINCO's website(s) and related servers and networks,
or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to: transmitting large files to e-mail, ftp, or other servers for
malicious purposes; "mail bombing;" transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same
content to NALINCO for the purpose of harassment; 7) Spamming; 8) Obstructing or attempting to obstruct the systems identification procedures or to forge communications of
any form; 9) Attempting to cause, or actually causing, any disruption of service on the NALINCO website or services or any other network or any server housing the website,
including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized
access to any computer or resource on the Internet; 10) Abusing or attempting to abuse the system and resources of the NALINCO website(s) or services in any manner; 11)
Violating or attempting to violate the security of the authentication and accounting procedures of the NALINCO website or services; or (12) Attempting to or actually
undermining, hindering, damaging, or disrupting the hardware, software, or security of the website(s) or services or any of its various components.
Disclaimer of Warranties and Limitation of Liability
NALINCO Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NALINCO WEBSITE OR SERVICES AND ANY COMPONENTS OF THE NALINCO WEBSITE OR
SERVICES ARE AT YOUR SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. NALINCO MAKES NO REPRESENTATIONS THAT THE WEBSITE WILL BE
ERROR-FREE, VIRUS-FREE, OR WILL OFFER UNINTERRUPTED SERVICE. THE NALINCO WEBSITE OR SERVICES, AND ALL OF ITS COMPONENTS, ARE PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY NALINCO, ITS
EMPLOYEES, ITS AGENTS, TS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS
LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, SHALL CREATE A WARRANTY OF ANY KIND.
Links to Third Party Websites. SOME OF THE LINKS ON THE NALINCO WEBSITE WILL LET YOU LEAVE THE NALINCO WEBSITE AND ENTER A THIRD-PARTY SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF NALINCO AND NALINCO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NALINCO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NALINCO OF THE SITE TO WHICH THE NALINCO WEBSITE OR SERVICES LINKS, NOR SHALL ANY LINK CREATE
ANY EXPRESS OR IMPLIED WARRANTY BINDING ON NALINCO.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL NALINCO, ITS EMPLOYEES, ITS AGENTS, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS,
ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS OR
ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF,
OR INABILITY TO USE, THE NALINCO WEBSITE OR SERVICES. NALINCO'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE
NALINCO TELECOM WEBSITE AND ANY COMPONENTS OF THE NALINCO TELECOM WEBSITE, AS WELL AS NALINCO's LIABILITY TO YOU FOR BREACH OF THIS
AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO NALINCO FOR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, NALINCO's LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
Indemnification
Upon the request of NALINCO, you agree to defend, indemnify, and hold harmless NALINCO, its employees, its agents, its contractors, its parents, its subsidiaries, its members, its
partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, and all their respective agents, employees, successors and assigns from all liabilities, claims,
losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from: 1) any breach of this Agreement; 2) any violation of
applicable law or regulation; 3) any violation of a third party's rights; 4) your use of this website; and 5) your use of the services and products that may be available through this
website. NALINCO reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you hereunder, and in such event; you shall have no further obligation to provide indemnification for such matter. You shall promptly notify NALINCO in writing of any claim
arising or potentially arising under this indemnity.
Termination of Agreement
NALINCO reserves the right to terminate your use of this website at any time should you fail to comply with the terms of the Visitor Agreement, or any other terms or agreements
which relate to this website.
Mandatory Arbitration
Any dispute or claim between you and NALINCO arising out of this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall
be arbitrated individually and you will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in
arbitration. You acknowledge that this arbitration provision constitutes a waiver of any right to a jury trial.
Governing Law
The Agreement and the relationship between you and NALINCO shall be governed by the laws of the Florida State without regard to its conflict of law provisions. You and
NALINCO agree to submit to the personal and exclusive jurisdiction of the courts located within Florida. The failure of NALINCO to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Limitation of Actions Arising Under this Agreement
All disputes arising under this Agreement shall be resolved subject to the Mandatory Arbitration provisions of this Agreement. Any cause of action or dispute you may have with
respect to Nalinco's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is forever barred. Commencement of a cause of action or dispute occurs when you notify NALINCO in writing of the dispute.
Force Major
Nalinco shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from
acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any
telecommunications service or connection to any telecommunications service, or any cause beyond the reasonable control of NALINCO.
Severability of Terms of this Agreement
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
No Waiver of Provisions of this Agreement
Nalinco's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of
conduct between you and Nalinco nor any trade practice shall act to modify any provision of this Agreement.
Welcome to this website, a service of NATIONAL LINE INVESTMENT COMPANY LLC., ("NALINCO"). Please read the following Agreement carefully.
Scope and Terms of this Agreement
BY USING THIS WEBSITE YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS VISITOR AGREEMENT, AND YOU AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS STATED BELOW. IF YOU ARE NOT OF LEGAL AGE AND/OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS
WEBSITE IMMEDIATELY.
You may gain access to this Agreement by clicking on any hyperlink that is labeled "Visitor Agreement," found on this, and other, NALINCO websites. While this Agreement
comprises the entire agreement between you and NALINCO, you shall also be subject to any additional terms and conditions that may apply when you are purchasing, activating
or using any content, software, products, or services of any kind or nature, through this, or other, NALINCO websites. (Please read carefully the Terms and Conditions and
disclaimers accompanying the purchase and activation of products or services through this, and other, NALINCO websites ). You may not revise any of the terms of this
Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of NALINCO. NALINCO reserves the right to, and may, revise
this Agreement at any time, and such revisions shall become effective fifteen (15) business days after NALINCO posts the revised Agreement for public viewing. The revisions to
the Agreement shall include notice of the date the most recent revision to the Agreement was posted. You agree to read the revisions to this Agreement periodically and,
preferably, at least once every fifteen (15) business days to become aware of such revisions to this Agreement. Your continued use of the NALINCO website(s) more than fifteen
(15) business days after NALINCO posts revisions to this Agreement, as described above, shall be considered to be your assent to the additional terms and conditions made part of
this Agreement by such revisions. NALINCO encourages you to print out the Visitor Agreement periodically and to retain a current copy.
Content of this Website
NALINCO grants you a limited, non-exclusive, and non-transferable license to use this website, and its various components, or to refer third parties to the website for the sole
purpose of acquiring information related to certain NALINCO products or services. This license is subject to the restriction that, except to the extent expressly permitted by law,
you may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from the software residing at or used to operate the website or
NALINCO services (hereinafter referred to as the "NALINCO Software"). You may not modify the NALINCO Software in any manner or form, or use it in any way which is not
expressly authorized by NALINCO, including, without limitation, for the purpose of obtaining unauthorized access to NALINCO's service or data (also known as "hacking"), other
than to access the website, as authorized by this Agreement,. You agree to abide by the laws of the United States and other applicable export control laws and regulations and
not to transfer, by electronic transmission or otherwise, any information, including the NALINCO Software in either source, object, or executable form, which is subject to
restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or
licensing requirements and without first providing NALINCO with a certified copy of said license or written government authorization, evincing compliance with all applicable
export control laws and regulations.
"Content" that NALINCO provides on any and all of its websites, or on any and all files, software, and databases that NALINCO uses to operate the NALINCO website(s) or services,
and any and all files NALINCO makes available to you for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and
other copyright laws as individual works, and as a collective work and/or compilation, and NALINCO claims and owns, intends to own, or is in the process of owning a copyright,
trademark, and/or patent in the selection, coordination, arrangement and enhancement of such Content. You agree not to modify, publish, transmit, participate in the transfer or
sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display, create collective works or compilations, or in any way exploit, any of the
Content, in whole or in part. If NALINCO applies no specific restrictions directly or indirectly in relation to a particular item of Content, you may make a reasonable and limited
number of copies of such item, including copyrighted material, provided that you make and use the said copies solely for your personal and non-commercial use. Further, you
agree to ensure that any notices contained in the Content such as all copyright, trademark, service mark, patent, and other proprietary rights notices are reproduced in an
unmodified form in all such copies, and that you will refrain from transferring such Content to any other person, entity, computer, computer network, or other device, without the
prior express written consent of NALINCO. You agree to comply with all the terms and conditions of NALINCO's Copyright Notice and Policy, as amended or revised from time to
time, and available online. Third persons not parties to this Agreement shall retain all intellectual property rights they may have to Content they own and which they enjoy by
law. You agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify NALINCO from any infringement you cause to the rights of any third party
in any intellectual property rights that may result from your use of the NALINCO website or services.
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks"), of NALINCO are and shall remain the exclusive property
of NATIONAL LINE INVESMENT COMPANY, and nothing in this Agreement shall grant you the right to license or use such marks.
Illegal or Unauthorized Use
You agree to abide by, and to follow, all applicable laws in using the NALINCO website(s) and, to the extent allowed by law, you agree to defend, hold harmless, and indemnify
NALINCO from any damages caused by your violation of any applicable laws. You acknowledge that access to or use of this website may not be legal in certain countries. If you
access or use the website or services outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in
which, or from which, you access or use the website or services. You may not use the NALINCO website or any products or services you purchase or activate by way of the website
for any unlawful purpose. NALINCO reserves the right to discontinue furnishing service or to limit the use of the website if you use the NALINCO website, or purchase or activate
any products or services by way of the website in violation, or attempted violation of, the law.
You further agree that you will not engage, or attempt to engage, in any of the following activities in connection with your use of the NALINCO website or services or otherwise:
1) Violating the security of the website or any other computer network, or cracking passwords or security encryption codes; 2) Transferring or storing illegal material including that
deemed threatening or obscene, or engaging in any other kind of illegal activity; 3) Impersonating, or using any name of, any person living or dead, organization, business, or
other entity, or communicating under any false name that you are not authorized to use; 4) Soliciting other NALINCO customers, retailers, or distributors to become customers of
other companies or services directly competing with NALINCO ; 5) Violating any of the rules, regulations and policies of those networks, computer systems, telecommunications
carriers, or Internet service providers that you use to access the website; 6) Causing or attempting to cause traffic levels to NALINCO's website(s) and related servers and networks,
or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to: transmitting large files to e-mail, ftp, or other servers for
malicious purposes; "mail bombing;" transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same
content to NALINCO for the purpose of harassment; 7) Spamming; 8) Obstructing or attempting to obstruct the systems identification procedures or to forge communications of
any form; 9) Attempting to cause, or actually causing, any disruption of service on the NALINCO website or services or any other network or any server housing the website,
including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized
access to any computer or resource on the Internet; 10) Abusing or attempting to abuse the system and resources of the NALINCO website(s) or services in any manner; 11)
Violating or attempting to violate the security of the authentication and accounting procedures of the NALINCO website or services; or (12) Attempting to or actually
undermining, hindering, damaging, or disrupting the hardware, software, or security of the website(s) or services or any of its various components.
Disclaimer of Warranties and Limitation of Liability
NALINCO Website. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NALINCO WEBSITE OR SERVICES AND ANY COMPONENTS OF THE NALINCO WEBSITE OR
SERVICES ARE AT YOUR SOLE RISK, AND THAT YOU VOLUNTARILY ASSUME THAT RISK. NALINCO MAKES NO REPRESENTATIONS THAT THE WEBSITE WILL BE
ERROR-FREE, VIRUS-FREE, OR WILL OFFER UNINTERRUPTED SERVICE. THE NALINCO WEBSITE OR SERVICES, AND ALL OF ITS COMPONENTS, ARE PROVIDED ON
AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY NALINCO, ITS
EMPLOYEES, ITS AGENTS, TS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS
LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, SHALL CREATE A WARRANTY OF ANY KIND.
Links to Third Party Websites. SOME OF THE LINKS ON THE NALINCO WEBSITE WILL LET YOU LEAVE THE NALINCO WEBSITE AND ENTER A THIRD-PARTY SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF NALINCO AND NALINCO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NALINCO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NALINCO OF THE SITE TO WHICH THE NALINCO WEBSITE OR SERVICES LINKS, NOR SHALL ANY LINK CREATE
ANY EXPRESS OR IMPLIED WARRANTY BINDING ON NALINCO.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL NALINCO, ITS EMPLOYEES, ITS AGENTS, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS,
ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUCCESSORS OR
ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF,
OR INABILITY TO USE, THE NALINCO WEBSITE OR SERVICES. NALINCO'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE
NALINCO TELECOM WEBSITE AND ANY COMPONENTS OF THE NALINCO TELECOM WEBSITE, AS WELL AS NALINCO's LIABILITY TO YOU FOR BREACH OF THIS
AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO NALINCO FOR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, NALINCO's LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
Indemnification
Upon the request of NALINCO, you agree to defend, indemnify, and hold harmless NALINCO, its employees, its agents, its contractors, its parents, its subsidiaries, its members, its
partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, and all their respective agents, employees, successors and assigns from all liabilities, claims,
losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from: 1) any breach of this Agreement; 2) any violation of
applicable law or regulation; 3) any violation of a third party's rights; 4) your use of this website; and 5) your use of the services and products that may be available through this
website. NALINCO reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you hereunder, and in such event; you shall have no further obligation to provide indemnification for such matter. You shall promptly notify NALINCO in writing of any claim
arising or potentially arising under this indemnity.
Termination of Agreement
NALINCO reserves the right to terminate your use of this website at any time should you fail to comply with the terms of the Visitor Agreement, or any other terms or agreements
which relate to this website.
Mandatory Arbitration
Any dispute or claim between you and NALINCO arising out of this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall
be arbitrated individually and you will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in
arbitration. You acknowledge that this arbitration provision constitutes a waiver of any right to a jury trial.
Governing Law
The Agreement and the relationship between you and NALINCO shall be governed by the laws of the Florida State without regard to its conflict of law provisions. You and
NALINCO agree to submit to the personal and exclusive jurisdiction of the courts located within Florida. The failure of NALINCO to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Limitation of Actions Arising Under this Agreement
All disputes arising under this Agreement shall be resolved subject to the Mandatory Arbitration provisions of this Agreement. Any cause of action or dispute you may have with
respect to Nalinco's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is forever barred. Commencement of a cause of action or dispute occurs when you notify NALINCO in writing of the dispute.
Force Major
Nalinco shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from
acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any
telecommunications service or connection to any telecommunications service, or any cause beyond the reasonable control of NALINCO.
Severability of Terms of this Agreement
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
No Waiver of Provisions of this Agreement
Nalinco's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of
conduct between you and Nalinco nor any trade practice shall act to modify any provision of this Agreement.
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