Terms of Service
INDEMNITY
You agree to indemnify and hold nancies.org, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
MODIFICATIONS TO SERVICE
nancies.org reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that nancies.org shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because nancies.org has no control over such sites and resources,
you acknowledge and agree that nancies.org is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that nancies.org shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NANCIES.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NANCIES.ORG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM NANCIES.ORG OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NANCIES.ORG SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NANCIES.ORG HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRADEMARK INFORMATION
nancies.org, the nancies.org logo, "this is the best stop,"
and other nancies.org logos and product and service names
are trademarks of nancies.org (the "nancies.org Marks").
Without nancies.org's prior permission, you agree not to
display or use in any manner, the nancies.org Marks.
COPYRIGHTS and COPYRIGHT AGENTS
nancies.org respects the intellectual property of others,
and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes
copyright infringement, please provide nancies.org's
Copyright Agent the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim
has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the
copyright owner's behalf.
nancies.org's Copyright Agent for Notice of claims of
copyright infringement on its site is Waldo L. Jaquith who
can be reached as follows:
By mail:
nancies.org
511 N. First Street
Suite 312
Charlottesville, VA 22902
By email:
admin@nancies.org
GENERAL INFORMATION
The TOS constitute the entire agreement between you and
nancies.org and govern your use of the Service, superceding
any prior agreements between you and nancies.org. You also
may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship
between you and nancies.org shall be governed by the laws of
the Commonwealth of Virginia without regard to its conflict of
law provisions. You and nancies.org agree to submit to the
personal and exclusive jurisdiction of the courts located
within the county of Albemarle, Virginia. The failure of
nancies.org to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 TOS remain in
full force and effect. 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 Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our
Site Administration group.