TermsOfUse

IMPORTANT - PLEASE READ - TERMS OF USE FOR NSE'S WEBSITE SERVICES

NSE, Inc. ("NSE") is the owner and operator of the website located at http://www.nse.com ("Website"). The purpose of this Website is to provide visitors with information about NSE and its various products and services, and a way to acquire products and services online. It also provides an avenue to communicate with NSE, and makes available opportunities to participate in certain activities offered through this Website. All of these are individually and collectively referred to as the "Services," which NSE may change from time to time.

The Services are offered to you conditioned on your acceptance of the privacy policy, terms and conditions of use, in their entirety without modification, which are set out below ("Terms") and which apply to your use of this Website, the Services, and any other site that NSE may own in the future. Your use of this Website will be subject to the most current version of the Terms posted on this Website at the time of such use. These Terms are between you and NSE for your use of the Services. The term "you" refers to you as an individual or a legal entity, as applicable. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind the company.

By Logging on TO THIS WEBSITE, you certify that you are at least eighteen (18) years old and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms, please exit this Website. Do not use this Website or any Services.

You agree that the foregoing actions on your part constitute an "electronic signature" within the meaning of the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act.

NSE holds your privacy in the highest regard. We aggregate user information solely for our own use. NSE will take reasonable measures not to disclose information about you or your use of this Website to any other party, except when we believe in good faith that such action is necessary to: (a) comply with the law or legal process, (b) enforce these Terms, (c) respond to claims that any Website content violates the right of a third party, or (d) protect the legitimate interests of NSE or others. NSE's privacy policy is available here, and contains additional terms and conditions that are binding on you. NSE reserves the right to change its Privacy Policy at any time.

This Website and its content are protected by United States and international copyright and other laws. You may print and download portions of the NSE content solely in connection with your use of this Website or Services. In downloading materials from this Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any materials posted. Any other copying, redistribution, publication, or retransmission of any portion of this material is strictly prohibited without NSE's express written consent. Various products on this Website carry registered or other trademarked symbols and are the sole property of their registered owners. NSE's failure to display the trademark symbols at every use does not invalidate their ownership status. Website users are responsible for labeling their own products, services, or other listings. NSE has no obligation, assumes no risk or obligation, and expressly disclaims any liability for or associated with protection of your intellectual property rights.

Links to Third Party Websites

NSE does not endorse any sites on the Internet which may be linked through the Services. NSE is providing these links to you only as a matter of convenience, and in no event will NSE be responsible for any content, products, or other materials on or available from third-party sites.

User Conduct

NSE shall not be responsible for any unauthorized access to, or alteration of, your transmissions of data, for any material, information or data sent or received (regardless of whether the data is actually received by NSE), for any transactions entered into through this Website, or for any failure by you to abide by these Terms.

User Obligations

You agree to provide NSE with accurate and truthful personal information about you, including but not limited to name, address, company name and e-mail address, sufficient for us to send you correspondence and to bill you for Services you order. Your personal information shall not be false, misleading, or fraudulent.

You agree not to do any of the following while using this Website:

· - upload, post, or otherwise transmit any data or content that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, trade secret, or privacy rights, or is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

· - intentionally or unintentionally violate any applicable law or regulation;

· - frame or link to this Website except as permitted in writing by NSE;

· - upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes," or any other form of solicitation;

· - impersonate, falsely state, or otherwise misrepresent your affiliation with a person or entity; or harass or interfere with another user's use and enjoyment of the Services;

· - access, tamper with, or use non-public areas of this Website or NSE's computer systems, or interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution and their rights to use this Website and Services will be terminated immediately without notice;

· - transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs;

· - attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.

Charges and Payment of Fees

You will pay all fees in the amounts and according to the billing terms in effect at the time a fee or charge is due. NSE reserves the right to change the fees, applicable charges, and usage policies, and to introduce new charges at any time. If you believe that you have been incorrectly billed by NSE, you must contact us in writing within thirty (30) days of the date you receive your bill for your claim to be reviewed for a potential adjustment or credit.

Proprietary Rights

While using the Services, you are permitted to store, manipulate, analyze, reformat, print, and display the content made available on this Website or through the Services only for your personal use. Unauthorized use, or resale or redistribution of the Services is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign your right to use the Services or the content to any third party. Except as may be otherwise granted herein, you have no right, title, or interest in or to NSE, Inc., the Services, or any content of NSE or its licensors, including without limitation documentation, stories, articles, text, images, and other multimedia data, and all such right, title, and interest shall remain exclusively with NSE and its licensors, as applicable. NSE and/or other NSE products and services referenced herein are either trademarks or registered trademarks of NSE. The names of other companies and products mentioned herein may be the trademarks of their respective owners. You shall not create Internet "links" to this Website or the Services or "frame" or "mirror" any content contained on, or accessible from, this Website or on any other server or Internet-based device.

Indemnity

You agree to indemnify, defend and hold NSE and its subsidiaries, suppliers, licensors, contractors, and affiliates, and their officers, directors, agents and employees, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, made by any third party for any reason, including but not limited to those claims arising out of your: (i) use of this Website or Services; (ii) breach of these Terms or the documents incorporated by reference; and (iii) violation of any law or the rights of any third parties.

Disclaimer of Warranties and Liabilities Limitation

NSE cannot be responsible for knowing all the applicable requirements of local, state, and federal law. Having such knowledge is fully your responsibility. If additional legal and compliance information is needed, it is your responsibility to locate and understand such information.

THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES; WARRANTIES OF TITLE OR NONINFRINGEMENT; AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION AND DATA ACCURACY.

You expressly agree that your use of the Services is at your sole and complete risk. In no event shall NSE, its affiliates, officers, directors, employees, agents, suppliers, contractors, or licensors warrant that your use of this Website or the Services will be uninterrupted or error-free, or that you will have uninterrupted, accurate, or secure access to this Website or the Services. This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, whether for breach of contract, negligence or any other cause of action. Certain jurisdictions may not allow the exclusion of implied warranties or the disclaimers provided for here so some of the above exclusions and disclaimers may not apply to you.

UNDER NO CIRCUMSTANCES SHALL NSE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, CONTRACTORS, LICENSORS, OR ANYONE ELSE ACTING THROUGH OR ON NSE'S BEHALF INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT OR ARE ALLEGED TO HAVE RESULTED FROM THE USE OR MISUSE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES, OR RESULT FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, FAILURE OF COMMUNICATION OR PERFORMANCE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO NSE'S RECORDS OR PROGRAMS, THIS WEBSITE, OR THE SERVICES, WHETHER OR NOT CAUSED BY ACTS OF GOD.

Notices

NSE may give notice by means of a general notice on this Website. You may give notice to NSE (such notice shall be deemed given when received by NSE) at any time by any one of the following:

· letter sent by confirmed facsimile to NSE at the following fax number: +1 770.416.7900;

· letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid to NSE at the following address: NSE, Inc., 1145 Sanctuary Park, Suite 140, Alpharetta, GA 30009 USA;

· letter sent via e-mail to: info@nse.com.

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is Administrator, NSE, Inc., 1145 Sanctuary Park, Suite 140, Alpharetta, GA 30009 USA or e-mail to: notice@nse.com.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Georgia, USA without regard to the choice or conflicts of law provisions of any jurisdiction. Any claim arising from the use of this Website or the Services, or otherwise related to this Website and the Terms shall be settled by binding arbitration according to the American Arbitration Association rules for commercial arbitration. Any such claim shall not be consolidated with any claim of any other party. The arbitration will be conducted in Atlanta, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction.

General

This Agreement sets forth the entire agreement between us regarding this Website and Services and supersedes all previous representations, understandings, or terms. No joint venture, partnership, employment, or agency relationship exists between you and NSE as a result of these Terms or use of the Services. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions shall continue in full force and effect, and such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision. The failure of NSE to enforce any right or provision herein or to act with respect to a breach by you does not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches.

Questions or Additional Information

If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to: notice@nse.com