Please read these Terms and the information referred to or linked to in these Terms carefully and ensure You understand them. From time to time, Neklo may unilaterally modify these Terms, so it is important that You review these Terms every time You use this Website. Any use of this Website is conditioned on Your compliance with any and all Terms as in effect at the time of such use.
Neklo may at any time, with or without prior notice, modify, change, remove, and add any Content, change the address of this Website, or suspend, terminate, prevent access, or undertake maintenance regarding this Website or any part thereof without being liable to You or anyone else, except if and to the extent prohibited by applicable U.S. federal or Texas state or local law.
YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION, WHETHER BY LANDLINE, WIRELESS OR MOBILE CONNECTION, AND THE USE OF ANY COMPUTER, HARDWARE, SOFTWARE, AND MOBILE DEVICE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING FOR AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.
This Website is owned by Neklo. If You have any questions about the Terms, You may e-mail Neklo at firstname.lastname@example.org
This Website, Content, and Marks
You may view this Website and the Content made available to You by Neklo on this Website for personal and noncommercial purposes only. You may not copy, create derivative works from, publicly display, publicly perform, or distribute this Website, any Content, or any part thereof.
You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in or to any Content, processes or technology of Neklo, its affiliates, and/or any applicable third party. All such rights are retained by Neklo, its affiliates, and/or any applicable third party owner of such rights.
The trademarks, service marks, trade names, logos, domain names, and other names, marks and source identifiers displayed on or used with this Website are owned by Neklo or third parties, and this Website’s trade dress is owned by Neklo (collectively, the “Marks”). All Marks not owned by Neklo are the property of their respective owners, and are used by Neklo with permission. Nothing contained on this Website may be construed as granting any right or license to use any Mark in any advertising, publicity, or in any other commercial manner without the express prior written license of Neklo.
Should Neklo provide to You a user name and/or password, or if You select a user name and/or password (and there may be specific requirements for selecting a user name and/or password), that allows You to access certain parts or Content of this Website, You will be solely responsible for maintaining the confidentiality of the user name, password, and Your account information, and are fully responsible for all activities that occur under Your user name, password or user account. You will immediately notify Neklo of any unauthorized use of Your user name, password, or account, or any other breach of security.
Additionally, please be aware of a scam known as “phishing,” in which identity thieves send emails or texts to a service provider’s customers asking them to verify personal information or otherwise divulge personal data directly in response to the email or text or via a linked website or attachment. Neklo will never send emails or texts to You asking You to provide or verify Your log-in information and/or password in any manner, including by clicking on a website link or clicking on an attachment contained in an email or text. While communications of this nature may look like they are from Neklo, and even use Neklo’s Marks, they are most likely a “phishing” scam. Do not respond to e-mails or text messages of this nature. If You receive an email or text purporting to be from Neklo and question it, do not hesitate to contact Neklo to confirm it.
Neklo may give You the opportunity to submit questions, comments, suggestions, testimonials, stories, photographs or other images, videos, remarks, statements or other materials of any kind (each a “Submission”) by e-mail or direct communication through this Website or in any other form. You may provide Neklo with any Submission in the manner, and subject to the limitations, stated on this Website as long as the Submission does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory, pornographic, or otherwise inappropriate. If You send such an e-mail to Neklo, You are communicating with Neklo electronically and You consent to receive communications from Neklo electronically to Your e-mail address from which You send such e-mail or that You state on such contact form. By providing a Submission, You grant Neklo the unrestricted, unlimited, perpetual right and license to use such Submission for any purpose, including, without limitation, to copy, distribute, display, modify, edit, and publish it. Neklo shall not be liable to You, and You shall have no claim against Neklo, for any royalty, fee, or payment of any kind in connection with any use of a Submission or for the compensation or reimbursement of any cost, expense or liability incurred by You. Neklo has no obligation or responsibility regarding any Submission. Any Submission submitted by You is submitted at Your own risk.
By providing Neklo with a Submission, You expressly agree and consent that Neklo: (i) is not required to use or publish any Submission and may decide to do so in its sole discretion; (ii) may publish or display the Submission or any part thereof on this Website (including, without limitation, on any blog or message board if the Submission was provided in connection with such blog or message board) or in any of its promotional, marketing or informational materials; (iii) may, but shall not be required to, edit the Submission prior to any publication or display thereof; (iv) may delete or remove any Submission published or displayed on this Website; and (v) may identify You by Your name or user name as the source of such Submission if Neklo publishes or displays it or parts of it on this Website.
If any Submission or Content posted on this Website infringes any copyright of You, please proceed in accordance with the Copyright Notification Process – Digital Millennium Copyright Act.
Links to Third Party Sites
In some cases, Neklo may post links to sites or pages outside this Website, which are provided solely for Your convenience, and You access or use such links, sites or pages at Your own risk. In other cases, You may access this Website through a link on another website or page or framed by another site. In no event is Neklo responsible or liable for any link, any site or page linked from this Website or linking to this Website, any site or page framed by this Website or part of it or framing this Website or any part of it, or for any content, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page. You may not frame this Website or any Content, or deep-link to any part of this Website or any Content, or any part thereof, or cause any banners to appear anywhere on or in connection with this Website or any Content, or any part thereof.
Neklo reserves the right to post alert banners, customer education and similar content throughout this Website. Any interactions, correspondence, and business dealings that You have with any third parties found on or through this Website (including via linked sites) are solely between You and the third party (including, without limitation, issues related to the content of third party payments, delivery of goods, warranties, and the like). Neklo disclaims all liability in connection with any such third party, interaction, correspondence and business dealings.
Liability Disclaimers, Exclusions, and Limitations
While Neklo uses reasonable efforts to include accurate and up-to-date information on this Website, Neklo makes no warranties or representations as to accuracy of the information. Neklo assumes no liability or responsibility for any errors or omissions in the content on this Website.
Neklo is not responsible for any Submission that You or any third party provides to Neklo, including, without limitation, any statements, assertions, expressions, or content thereof.
THIS WEBSITE, ALL CONTENT ON THIS WEBSITE, AND ANY SERVICES AVAILABLE VIA THIS WEBSITE ARE PROVIDED “AS IS” “WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, ACCURACY, OR NON-INFRINGEMENT, ALL WHICH ARE HEREBY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND THE USE OF THIS WEBSITE, THE CONTENT, AND THE INTERNET GENERALLY. Neklo AND ITS AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO ACCESS TO AND USE OF THIS WEBSITE, ANY CONTENT, OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Neklo AND ITS AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SERVICE, OR PROCESS DISCLOSED ON THIS WEBSITE, THE CONTENT, OR OTHER INFORMATION ACCESSIBLE FROM THIS WEBSITE.
Neklo USES APPROPRIATE COMMERCIALLY AVAILABLE ANTI-VIRUS SOFTWARE TO ENSURE THAT THIS WEBSITE DOES NOT CONTAIN OR CARRY VIRUSES OR OTHER FORMS OF UNAUTHORIZED CODE. HOWEVER, DUE TO THE RAPIDLY DEVELOPING NATURE OF VIRUSES AND OTHER FORMS OF UNAUTHORIZED CODE AND THE INTERNET, Neklo STRONGLY RECOMMENDS THAT YOU ALSO EMPLOY ANTI-VIRUS AND FIREWALL SOFTWARE WHEN ACCESSING THIS WEBSITE. Neklo CANNOT GUARANTEE, AND DOES NOT WARRANT OR REPRESENT, THAT THIS WEBSITE OR ELECTRONIC COMMUNICATION IS FREE FROM VIRUSES AND OTHER FORMS OF UNAUTHORIZED CODE AND WILL NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM ANY VIRUSES OR OTHER FORMS OF UNAUTHORIZED CODE.
IN NO EVENT SHALL Neklo OR ANY OF ITS AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS WEBSITE, ANY CONTENT, THE ACCESS TO, USE OF OR RELIANCE UPON THIS WEBSITE OR CONTENT, OR ANY DELAY, INTERRUPTION, FAILURE OR INABILITY OF SUCH ACCESS OR USE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Neklo OR ANY OF ITS AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY ACT OR EVENT THAT IS BEYOND ITS CONTROL AND WHICH COULD NOT BE REASONABLY ANTICIPATED OR PREVENTED THROUGH THE USE OF REASONABLE MEASURES, INCLUDING, BUT NOT LIMITED TO, AN ACT OF GOD, ACT OF THE PUBLIC ENEMY, TERRORISM, WAR, INSURRECTION, RIOT, FIRE, EXPLOSION, LABOR DISTURBANCE OR STRIKE, NATURAL DISASTER, WILDLIFE, UNAVOIDABLE ACCIDENT, EQUIPMENT OR MATERIAL SHORTAGE, BREAKDOWN OR ACCIDENT TO MACHINERY OR EQUIPMENT, OR GOOD FAITH COMPLIANCE WITH AN ORDER, LAW, RULE, REGULATION, OR RESTRICTION BY A GOVERNMENTAL, MILITARY, OR LAWFULLY ESTABLISHED CIVILIAN AUTHORITY.
IF AND TO THE EXTENT THAT ANY APPLICABLE LAW PROVIDES THAT, NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ENTIRE SECTION, ANY DISCLAIMER, EXCLUSION OF LIABILITY, OR EXCLUSION OR LIMITATION OF LIABILITY, OR PART THEREOF, SET FORTH IN THIS SECTION IS NOT VALID OR ENFORCEABLE, THE DISCLAIMER OR EXCLUSION OF LIABILITY OR LIMITATION OF LIABILITY UNDER THIS SECTION SHALL BE INTERPRETED TO BE EFFECTIVE TO THE GREATEST EXTENT TO EFFECT THE PURPOSES AND INTENT OF SUCH PROVISIONS AS WRITTEN HEREIN AND AS PERMISSIBLE UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY, THEREFORE, IF THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Neklo DOES NOT PROVIDE ANY LEGAL, MEDICAL, OR OTHER ADVICE ON THIS WEBSITE OR IN OR THROUGH ANY CONTENT. NO INFORMATION OBTAINED BY YOU FROM Neklo OR THROUGH OR FROM THIS WEBSITE CONSTITUTES OR WILL GIVE RISE TO ANY WARRANTY OR ANY LEGAL, MEDICAL, OR OTHER ADVICE BY Neklo.
These Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. Federal and state courts sitting in the State of Texas, Dallas County, shall have exclusive jurisdiction over any dispute arising hereunder, and by using this Website or any Content, You hereby expressly submit to the personal jurisdiction of any such court.
Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.