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Copyright and License
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The Nugent Report grants you a limited license to make personal use only of the Materials for information purposes only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials other than for the intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials or make any modification to the Site or Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of The Nugent Report or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Requests for written permission to use the Site in any above listed manner should be sent to The Nugent Report.
You are also advised that The Nugent Report, Incorporated (“The Nugent Report”) will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Notice of claims of copyright infringement of our web site materials can be reported to the Company by emailing email@example.com.
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If you believe your work or content has been copied and posted to the Site or the Review Feature in a way that constitutes copyright infringement, please provide The Nugent Report’s copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
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- 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 The Nugent Report’s DMCA Copyright Agent for notice of claims of copyright infringement on the Site is our General Counsel, who can be reached as follows:
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This Web Site
This Site is based in Flower Mound, Texas, USA. The Nugent Report makes no claims that the information located herein is appropriate or may be downloaded legally outside of the United States. Access to the Materials may not be legal by certain persons in certain countries. If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws in your respective jurisdiction.
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On certain portions of the Site, you may be able to post Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, is your sole responsibility. The Nugent Report reserves the right but does not incur the obligation to monitor or control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Nugent Report and its designees shall have the right to remove any Content that violates any The Nugent Report Policies and Procedures or is otherwise objectionable. You understand that posting Content to the Site that is in violation of any Associate Agreement, inclusive of the respective Policies and Procedures, may result in disciplinary action, up to and including termination of and Associate. Under no circumstances will The Nugent Report be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
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- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Any Content submitted through the Site by users is submitted with the express understanding that the Content may be used without limitation by The Nugent Report or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that The Nugent Report is free to use any ideas, concepts, techniques, or know-how contained in any Content you send to or post on or via the Site for any purpose whatsoever.
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Links to Third-Party Sites
This Site and any other official The Nugent Report web site may contain links to sites owned or operated by parties other than The Nugent Report. The Nugent Report provides these links as a convenience only and does not endorse the companies or contents of any linked sites. The Nugent Report does not control, and is not responsible for the content or privacy policies on, or the security of, such sites.
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Revision to the Terms
The Nugent Report reserves the right, at its discretion, at any time, to change or modify the Site Terms that may be applicable to you, or any part thereof, and to impose new Site Terms and conditions. Such changes, modifications, additions or deletions will be effective immediately. Each time you use the Site the terms and conditions set forth in these Site Terms will apply to your use. Users of the Site should periodically check for changes to the Site Terms. Your continued use of this
Site following the posting of changes to the Site Terms, or by other means by which you obtain notice of those changes, means that you accept those changes.
THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. The Nugent Report DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
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The Nugent Report IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.