Terms of Use

When using NimdX, you agree to the following terms and conditions (the "Terms of Use"). In addition, when using particular NimdX services, you shall be subject to any posted guidelines applicable to such services. If you do not agree to these Terms of Use please do not use the site and do not register to be a member of NimdX. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of the NimdX Service following the posting of changes to these terms will mean you accept those changes.

Overview

NimdX is the Internet's largest Network and Internet Marketing link Index repository and resource portal, with a broad range of other content. These Terms of Use apply to the Nimdex Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Use and Restrictions on Use of Materials

By using the NimdX Service, you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply with the Terms of Use at any time, NimdX reserves the right to limit your access to the NimdX Service. NimdX may discontinue or alter any aspect of the NimdX Service, including, but not limited to, (i) restricting the time NimdX Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the NimdX Service, at NimdX's sole discretion and without prior notice or liability. In order to permit NimdX to protect the quality of its products and services, you hereby consent to NimdX employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. You acknowledge that the NimdX Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and NimdX owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

Links

The NimdX Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NimdX has no control over such sites and resources, you acknowledge and agree that NimdX 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 NimdX 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

NimdX uses diligent efforts to maintain the NimdX Service, but NimdX is not responsible for any defects or failures associated with the NimdX Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, NimdX makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the NimdX Service, including as to the accuracy, content, or quality of any such sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

WITHOUT LIMITATION, NIMDX MAKES NO WARRANTY THAT THE NIMDX SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE NIMDX SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE NIMDX SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NIMDX SERVICE IS DONE AT YOUR SOLE RISK AND 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.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE NIMDX SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIMDX 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 HOTSCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NIMDX 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 NIMDX SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NIMDX SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE NIMDX SERVICE. IN NO EVENT SHALL NIMDX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD NIMDX.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE NIMDX SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY HOTSCRIPTS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that NimdX, in its sole discretion, may terminate your password, account (or any part thereof) or use of the NimdX Service, and remove and discard any Content within the NimdX Service, for any or no reason. NimdX may also in its sole discretion and at any time discontinue providing the Nimdex Service, or any part thereof, with or without notice. You agree that any termination of your access to the NimdX Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that NimdX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the NimdX Service. Further, you agree that NimdX shall not be liable to you or any third-party for any termination of your access to the NimdX Service.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE NIMDX SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF NIMDX, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ISRAEL, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.