Legal Restrictions

Disclaimer

THE MATERIALS PROVIDED AT NEOGRAF.COM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The data and information contained in this web site are believed to be accurate, but may contain inaccuracies and typographical errors. NeoGraf further does not warrant the accuracy and completeness of the materials on this web site. NeoGraf may make changes to the materials on this web site, or to the products and prices described in them, at any time without notice. The materials presented on this web site contain time-sensitive information and may be out of date. NeoGraf makes no commitment to update the materials on this web site except as required by law. Information published on this web site may refer to products, programs or services that are not available in your country. Consult your local NeoGraf business contact for information regarding the products, programs and services that may be available to you. NEOGRAF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEOGRAF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL NEOGRAF, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NEOGRAF SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NEOGRAF SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

Limitation Of Liability

IN NO EVENT WILL NEOGRAF, ITS SUPPLIERS, SOFTWARE DEVELOPERS OR OTHER THIRD PARTIES MENTIONED ON NEOGRAF.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE SUBMISSION/STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL NEOGRAF BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. NEOGRAF RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEOGRAF IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY NEOGRAF MATERIAL, OR WITH ANY OF NEOGRAF’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in Federal Acquisition Regulation (“FAR”) 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or Defense Federal Acquisition Regulation (“DFAR”) 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this web site. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data at this web site.

Applicable Laws

NeoGraf.com is administered by NeoGraf Solutions, LLC. on behalf of NeoGraf from its offices in the United States of America. NeoGraf makes no representation that materials on this web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials on this web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. This web site is controlled, operated, and administered from within the United States of America. NeoGraf makes no representation that the NeoGraf sites are appropriate or available for use outside the United States. You are prohibited from accessing the NeoGraf web site from countries or territories where any content on the NeoGraf sites might be illegal or prohibited. If you choose to access this web site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of laws.