Membership Software for Your Website by Net Member Services

Terms of Service

Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("NMS") and governs the use of our service by Clients ("Clients") and End Users ("End Users"). Our System may collectively be referred to as ("NMS System" or "NMS Services" or "NMS") in areas of these Terms of Service. By subscribing to and/or using our service, you agree to be bound by these terms. If you do not agree to these terms, do not subscribe and/or use the service. Any rights not expressly granted herein are reserved by NMS.

NetMemberServices.com is comprised of two services. Service One allows Clients to sell, and deliver, tangible products, membership services, and digital content. Service Two allows End Users to buy and receive tangible products, buy and have access to membership services, and buy and download digital content. Both NMS Services are owned, operated, and maintained by Web Services Corporation Inc.

Terms of Service for Our Clients

Authorization

By submitting your online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that NMS is authorized to perform the work as specified; that you have read the terms of service; that you agree and accept the terms of service; that you authorize NMS to charge your credit card account for the services; that you acknowledge and agree that if you make any changes to the scope of the work to be performed by NMS on your behalf, which differs from the products and/or services in the contract or online order, you authorize NMS to charge your credit card for all additional products and services; you acknowledge and agree that if you are ever in default of payment to NMS, then NMS shall have the right to suspend or terminate your services, and NMS shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such suspension or termination.

Service Provided

The NMS System is provided to assist you with the operation of your business. As a Client this service allows you to sell, and deliver digital information and tangible products through our network. A connection to the NMS Service from your website is required.

Fees & Payments to NMS

Payments for services are monthly and are recurring until cancelled.

A Set Up Fee is required for every new account that is activated.

Disk space of 500MB or 1GB is included with your account. Space over your alloted amount is billed at .0159 cents per MB and will be charged to your card on file a separate transaction from your monthly recurring fee.

Bandwidth of 1GB per month is included with your account. Bandwidth over 1GB is billed at $1.00 per GB and will be charged to your card on file on a separate transaction from your monthly recurring fee.

If your credit card cannot be charged for the monthly recurring service or disk space/bandwidth overages your account will become suspended until updated credit card information is supplied. Suspension of an account for non-payment will stop all activity including but not limited to the delivery of membership services and digital content that has been purchased.

NMS reserves the right to modify the fees charged for our services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after NMS notifies you via email or otherwise of such modified fees.

NMS uses Industry Standard Secure Socket Layers to transmit sensitive information from your computer to our servers to and through to our payment processor.

There are no refunds for Set Up Fees, Monthly Service Fees or Overage Fees.

Payments To You

NMS is not involved in any transaction between you and the End User other than the facilitation of the sale and connection to the payment processor you choose through the Management Control Panel.

Your payments for orders or transactions conducted via the NMS System will be paid to you directly from your designated processor. NMS is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between you, End Users or payment processors.

NMS makes no guarantee about the reliability or accuracy of any payment processor services, or the results obtained from using the NMS System.

You are deemed to have a direct commercial relationship with each End User that purchases or receives membership services or digital content from or undertakes any other transaction with you through the NMS System.

Term, Cancellation, and Termination

The term of your account is pre-paid and month-to-month.

NMS may terminate your account, your access to NMS or any of your services (in whole or in part) at any time, with or without cause, and with or without notice. You may be denied from accessing any of your NMS services or from using the NMS system or from receiving any products, services or benefits from NMS, if NMS determines you have violated these terms of service, if You have failed to remit any applicable fees when due, if any representation or warranty made by you is untrue in any respect or if NMS receives a court order or other legal action relating to your account.

In the event that NMS terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account.

If you cancel your account, for whatever reason, you will not be entitled to the return of any fees paid. Cancellation of service must be done through the Management Control Panel.

Support

NMS will provide standard technical support free of charge with no time or call frequency limit for issues related to our products and services associated with normal operation of our service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware or software provided with Client's plan of Services. Clients will be notified if their support call is not free prior to incurring any expenses.

No support shall be provided for any issue not directly related to any Standard Support described above, including but not limited to issues related to web design, and software configuration, or troubleshooting (including 3rd party email clients), and training.

Client may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by NMS.

Boundaries For Free Support

Even though we really want to help all Clients with any issues that arise, we do have boundaries for FREE Support.

First thing to remember, our services require a certain level of knowledge in the use of Internet Languages, protocols, software, and following directions. The level of knowledge needed will vary depending on the anticipated use and desired outcome of using our services.

Second thing to remember, if we did not write it, then we do not support it for FREE. This includes email clients like Outlook, Outlook Express, Thunderbird, and Website Software.

Third thing to remember, if we will not cover your support issue for FREE there is always paid support, and we have never, not been able to solve a support issue.

Your Representations & Warranties

By subscribing to our service you make the following representations and warranties:

You and all users approved by you are at least eighteen years of age.
You have the legal authority and capacity to enter into this agreement.
All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration and payment process.
You will not use the NMS system for any purpose that is unlawful or prohibited by these Terms of Service.
Any digital content (membership content or individual digital files available for purchase or download) or tangible products advertised, sold or otherwise distributed by you on or in connection with our services, your web site, are legal for sale or distribution; and you have all licenses necessary to sell or advertise the digital content (membership content or individual digital files available for purchase or download) or tangible products offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulation.
You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on our system or your web site.
You are responsible for providing all End User support related to the sale and/or delivery of digital content (membership content or individual digital files available for purchase or download) or tangible products that you list with the NMS System.
You are responsible for all billing disputes, refunds, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions.
You are responsible for resolving any disputes relating to any completed or uncompleted transactions.

NMS is not liable for your actions with End Users or the use of their information, or for any other actions arising from your use of the NMS System.

By using the NMS System, you agree that you will defend and indemnify NMS, its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.

Usage

Your right to use the NMS System is limited to you, and your company and its employees. You are solely responsible for your digital content (membership content or individual digital files available for purchase or download) or tangible products, your web site and your NMS account. NMS reserves the right, but is not obligated, to monitor or to review materials posted on your account and web site and to monitor your compliance with these Terms of Service. NMS reserves the right in its sole discretion to edit, refuse to post or remove any digital content or materials which violate these Terms of Service in whole or in part, without notice at any time.

Prohibited Usage

You may not use the NMS System to:

Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party.
Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights of any other person using the NMS System.
Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (spamming) or multi-level or illegal marketing campaigns.
Sell or distribute lists, containing any personal or any other identifying information without the express contractual rights to provide such information.

Publish, post, distribute, disseminate, advertise or link to information that:

Contains Defamatory, libelous, slanderous, or infringing content or constitutes hate speech.
Contains protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials.
Contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, worms, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs.
Facilitates the sale or distribution of firearms, explosives, ammunition, liquor, tobacco products, illegal gambling, illicit drugs, pharmaceuticals and controlled substances.
Facilitates the sale or distribution of counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy.
Facilitates the sale or distribution of goods or services that are considered indecent or pornographic in nature.
Facilitates the sale or distribution of registered or unregistered securities.
Facilitates the sale or distribution of goods or services that you cannot legally sell, goods which are misrepresented or which do not in fact exist, fraudulent goods or services.
Facilitates the sale or distribution of goods or services that if sold by the NMS System would cause NMS to violate any law, statute or regulation.
Facilitates the harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties.
Violates any applicable government laws, rules or regulations.

You may not restrict or inhibit any other user from using and enjoying such user's rights to use the NMS System.

You may not interfere with or disrupt the NMS System, its service providers' servers or any network connected to the NMS System.

You may not use a trade name or other descriptive term in connection with operating your NMS Account or web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to your identity.

License You Grant to NMS

NMS does not claim ownership of the digital content (membership content or individual digital files available for purchase or download) or tangible products you post to the NMS System. You grant NMS a royalty-free, paid in full, worldwide license to use (without limitation), display, and delivery your digital content (membership content or individual digital files available for purchase or download) or tangible products through the NMS System. You also grant NMS the right to publish your name in connection with any such use as well as the advertising of NMS services. No compensation will be paid or due you with respect to NMS use of the digital content (membership content or individual digital files available for purchase or download) or tangible products as licensed above.

License You Grant to End Users

When digital content (membership content or individual digital files available for purchase or download) is viewed or downloaded by End Users it is assumed that you provide a license agreement on your website or with the digital content that is downloaded.

If you do not provide license rights for your digital content (membership content or individual digital files available for purchase or download) or tangible products, NMS provides general license rights to End Users. These License Rights can be found in the End Users Section of these terms.

NMS is not responsible for licensing rights to your digital content (membership content or individual digital files available for purchase or download) or tangible products, nor is NMS obligated to monitor your digital content's usage under those rights.

Backup Services

NMS provides storage for digital content (membership content or individual digital files available for purchase or download) but does not backup individual account data or reports. Within the Management Control Panel we provide you the ability to download real time reports regarding the sale and delivery of your digital content (membership content or individual digital files available for purchase or download) or tangible products.

NMS is not responsible for any of your data residing on the NMS System, its hardware or systems. You are solely responsible for maintaining and backing-up your data and information that may reside on NMS hardware or systems.

Dedicated backup services are available for an additional fee.

Access & Account Security

You are responsible for safeguarding the confidentiality of your account information, including password(s) and user name(s) issued to you.

You are also responsible for any use or misuse of your account or the NMS System resulting from any third party using a password or user name issued to you. You agree to notify NMS immediately of any known or suspected unauthorized access or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of the NMS System known to or suspected by you.

You may change your password at any time inside the Management Control Panel.

You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. NMS is not responsible for fraud of participants or of other users of your account.

It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. NMS will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out your use of the NMS System.

Custom Solutions

If you are subscribing to our a custom solution please see our Corporate Terms of Service located at http://www.webservicescorp.com/legal.php

Liability Limitations and Disclaimers

Your access to and use of the NMS System is at your own risk. NMS makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the NMS System, or such products or services.

In no event shall NMS, or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:

Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the NMS System.
With the delay or inability to use the NMS System or related services.
The provision of or failure to provide services arising out of the use of the NMS System whether based on contract, tort, negligence, strict liability or otherwise, even if NMS, or service providers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the NMS System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the NMS System and its related services.

NMS will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:

Your use of the NMS System, its services or products.
Errors, bugs, viruses, or other defects in the NMS System.
Lost company, End User or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc.
Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the NMS System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to NMS records, programs or services.

Terms of Service for End Users

Authorization

By submitting your online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that you have read the terms of service; that you agree and accept the terms of service; that you authorize our Client (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) and their chosen Payment Processor to charge your credit card account for the tangible items, membership services, or digital content that you have purchased; and NMS shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from the purchase of said digital content.

NMS uses Industry Standard Secure Socket Layers to transmit sensitive information from your computer to our servers to and through to the Client's (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) payment processor.

Service Provided

The NMS System facilitates the purchase or tangible products, membership services, and downloadable digital content that is for sale by our Client (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) to you, the End User.

Term, Cancellation, and Termination

NMS does not control the products or services, length of time for purchased membership services, downloadable digital content that our Client offers. Term, Cancellation and Termination are at the sole discretion of our Client.

Support

NMS does not provide any support for End Users. End User support is provided by our Client (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service).

Usage

By utilizing the services of NMS you agree to the terms and conditions of the License Agreement, which is outlined by the Client (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) that is either provided when purchasing products or services or that may be found on the Client's (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) web site. The license provided from our Client (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) supersedes the license below.

If a license is not provided with purchase or is not displayed on the Client's (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service) web site, then the following license will be the de facto license.

For any product or service not accompanied by a license agreement, the Client hereby grants to you, the End User, a personal, non-exclusive, non-transferable license to view or use digital content and for no other purpose.

You shall keep intact all and may not alter any copyright and other proprietary notices contained in such product or service. Any reproduction or redistribution of the product or service is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the products or services may be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the products or services to any other server or location for further reproduction or redistribution is expressly prohibited.

You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any products or services provided through this service.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the NMS System, except as expressly provided herein.

You acknowledge that the products or services, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the digital content, directly or indirectly, to any countries that are subject to USA export restrictions.

All products or services or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with Restricted Rights as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Liability Limitations and Disclaimers

The products or services available through the NMS System from our Client may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Products or services received via the NMS System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Without limiting the foregoing, neither NMS nor its respective Clients(Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service), nor its service providers make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the digital content contained in the NMS System for any purpose. Because of the possibility of human and/or mechanical error, all such products or services is provided "as is" without warranty of any kind.

NMS, its respective Clients (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service), and service providers hereby disclaim all representations, warranties and conditions, express or implied, with regard to digital content on the NMS System, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall NMS, its Clients (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service), or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:

Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the NMS System or products or services provided by our system.
With the delay or inability to use the NMS System or related services.
The provision of or failure to provide services, or for any products or services obtained through the NMS System or otherwise arising out of the use of the NMS System whether based on contract, tort, negligence, strict liability or otherwise, even if NMS, or any of its Clients (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service), or service providers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the NMS System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the NMS System and its related services.

NMS will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:

Your use of the NMS System, its services or products offered by our Client's (Company or Person from which you are purchasing products and/or services from that is utilizing the NMS Service).
Errors, bugs, viruses, or other defects in the NMS System.
Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the NMS System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to NMS records, programs or services.

General Terms of Service

Links to Third Party Sites

There may be links within our service pages will direct you away from our site. You acknowledge that the linked sites are not under the control of NMS and NMS is not responsible for the contents or operation of linked sites.

Clients may also provide links to their website which will direct you away from our site. You acknowledge that the linked sites are not under the control of NMS and NMS is not responsible for the contents or operation of linked sites.

NMS encourages you to review any Terms of Service and Privacy Policies posted by linked sites prior to doing business with them.

NMS is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either.

Copyright and Trademark Notices

All Design, Images, Custom Solutions, Management Control Panel Administration, Functionalities, Applications, Logic, and Text are owned by NMS and are subject to copyright protection. Duplicating or copying any content from this website or any solution that we create is a direct violation of copyright law. Unauthorized copying, distribution, reverse engineering, or use is strictly prohibited without written consent from NMS.

Net Member Services and any of the associated marks are either a trademark or registered trademark of Web Services Corporation Inc.

All other copyrights remain property of their respective owners.

Privacy

For information about your Privacy when using our service please visit our Privacy Page.

Copyright Infringement

If you believe any digital information for sale on this site is a violation of your copyright we want to hear from you. Please visit our DMCA page.

Communication and Notices

All official communication between NMS and Clients as well as notices set forth within this agreement shall be by e-mail and our Support Ticket System.

Clients shall send notification and official communication to NMS through the Support Ticket System located within the Management Control Panel.

End Users shall send all notices and official communication to NMS through the contact form located on our contact page.

NMS shall send all notices and official communication to Clients at the e-mail address listed in Client's account record.

It is solely the Client's responsibility to ensure that the e-mail address listed with NMS is accurate and up to date.

In the event WSC sends a notice of cancellation, renewal or any other official notice to an e-mail address that is no longer valid for Client, such notice shall be deemed delivered per this agreement.

The information provided by NMS to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of NMS with any third party.

Disclaimer and Indemnification

Clients and End Users agree to use our services at your own risk. NMS shall not be held liable in any way for any improper or incorrect use of the contents in this website.

NMS specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services.

NMS is not responsible or liable for any types of viruses or issues arising from viruses.

Submitting your order over the Internet is done at your own risk and discretion. NMS has no liability if parties other then NMS officers and employees obtain the contents of your submission.

Under no circumstances, including negligence, shall NMS or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. NMS further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services.

Clients and End Users shall defend, indemnify, save and hold NMS harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against NMS, its officers and employees, that may arise or result from this website or it's services.

Notwithstanding the above, Client's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Client paid during the one month immediately preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with NMS or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NMS as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and NMS with respect to the NMS System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NMS with respect to the NMS System.

Updates to Our Terms of Service

Our Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Terms of Service at any time. An update date is always provided so that you know when it was updated.

Our Terms of Service was Last Updated on 12/12/2008.

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