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Disclaimer

Disclaimers of Warranties

Our site and the services and materials available through it are available "AS-IS" and "AS-AVAILABLE". We do not warrant that our site, or any of the services or materials available through it, will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in materials or services available through our site. We make no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on our site or services available through it. We reserve the right to correct any errors or omissions in our site and our services. If you rely on our site and any materials or services available through it, you do so entirely at your own risk.

To the maximum extent permitted under law, we disclaim all express or implied warranties with respect to our site and any content, information, goods or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose, even if that purpose has been disclosed.

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other malicious code to our site, we do not guarantee or warrant that our site, our services, or materials that may be available through our site, are free from such destructive features. We are not liable for any damages or harm attributable to such features.

This site may contain third party information and links to third parties. Such third party information does not necessarily represent the opinion of NAFEMS and links to third party sites are provided for convenience only. NAFEMS does not express any opinion on the content of such third party information or sites and expressly disclaims any liability for all third party information and the use of it.

User Login Disclaimer

Once a login account is issued to a member, NAFEMS makes no guarantees about the future privacy of the account. NAFEMS has taken measures to protect members; members must take sole responsibility for protecting against publication or misuse of their login details.

Limitation of Liability

NAFEMS and its officers, directors, employees and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in our site or any services or materials available through our site including loss or injury that results from your breach of any provision of these terms.

Under no circumstances will NAFEMS or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of our site or service available through our site or these terms, regardless of the theory of liability, whether tort (including negligence), contract or any other legal or equitable theory.

Indemnification

You agree to indemnify and hold harmless NAFEMS and its officers, directors, employees and agents against all liabilities, losses, damages and costs (including reasonable attorneys’ fees), that NAFEMS may incur based on claims arising out of your violation of these Terms.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request. 

Termination

We reserve the right to deny you access to our site and to terminate these terms at any time without notice for any reason, including your violation of these terms.  The following sections of these Terms survive any such termination: limitation of liability, governing law, jurisdiction and venue, the restrictions imposed on you with respect to material you download from our site, your license to NAFEMS of any content you provide to us via our site, warranties, indemnification, and any other provision that by its terms contemplates survival.

General

These terms, including our privacy and security statement and supplemental terms and conditions available on our site, are the complete agreement between us regarding your use of our site and are governed by the laws of Scotland applicable to agreements made and completely performed there.  You irrevocably agree to bring any claim or dispute relating to your use of our site and these terms exclusively in the courts located in Scotland, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.  If a court determines that any provision of these terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

Questions

Please email us at info@nafems.org with any questions you may have about these Terms, including our Privacy and Security Statement.

© 2010 NAFEMS