Welcome to the NOTF.com website (the "Site"). notf.com is a 3rd party affiliate
website providing links to third party websites for convenience only. Actual product
availability and quantity may change depending on service provider updates. The
site and any products and/or services that you may receive from one of our service
provider partners are provided to you on an AS IS and AS AVAILABLE basis, and
all warranties, expressed and implied, are disclaimed to the fullest extent permissible
pursuant to applicable law (including, but not limited to, the disclaimer of any
warranties of merchantability, non-infringement of intellectual property and/or
fitness for a particular purpose). notf.com makes no warranty that the site and/or
products and/or services, and service compatibility provided by our recommended
downloadable product provider will meet your requirements. The images and screenshot
from service providers placed on the site are presented for convenient identification
purpose only. notf.com is not directly affiliated, endorsed, sponsored, authorized
by, or associated with the respected service provider.
By using and/or
accessing the Site, you are agreeing to comply with and be bound by the following
Terms and Conditions (the "Agreement"). Please review the following terms of this
Agreement carefully. If you do not agree to this Agreement in its entirety, you
are not authorized to use this Site in any manner or form.
1. Acceptance
of Agreement. You agree to the terms and conditions outlined in this Agreement
with respect to your use of the Site. This Agreement, together with the Site Privacy
Policy, constitute the entire and only agreement between you and notf.com with
respect to your use of the Site, and supersede all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect to the Site. We
may amend this Agreement from time to time in our sole discretion, without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site. By your continued use of the Site,
you hereby agree to all the terms and conditions contained within the Agreement
effective at that time. Therefore, you should regularly check this page for updates
and/or changes.
2. Requirements. The Site is available only to individuals
who can enter into legally binding contracts under applicable law. The Site is
not intended for use by individuals under eighteen (18) years of age. If you are
under eighteen (18) years of age you do not have permission to use and/or access
the Site.
3. License Grant. As a user of this Site, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the Site and
associated Site content in accordance with this Agreement. notf.com may terminate
this license at any time for any reason. You may use the Site on one computer
for your own personal, non-commercial use. No part of the Site may be reproduced
in any form or incorporated into any information retrieval system, electronic
or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, reverse engineer or transfer the Site, Site content or
any portion thereof. notf.com reserves any rights not explicitly granted in this
Agreement. You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site. You may not take any action
that imposes an unreasonable or disproportionately large load on notf.com infrastructure.
Your right to use the Site is not transferable.
4. Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary (including,
but not limited to, intellectual property) rights. The copying, redistribution
or publication by you of any part of the Site is strictly prohibited. You do not
acquire ownership rights to any content, document, software, services or other
materials viewed at or through the Site. The posting of information or material
at the Site by notf.com does not constitute a waiver of any right in such information
and/or materials.
5. Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit and/or delete any documents, information
or other content appearing on the Site.
6. Indemnification. You agree to
indemnify and hold notf.com, its parents, subsidiaries and affiliates, and each
of their respective members, officers, directors, employees and agents, harmless
from and against any and all claims, expenses (including reasonable attorneys'
fees, costs and settlement costs), damages, suits, costs, demands and/or judgments
whatsoever, made by any third party due to or arising out of or in connection
with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation
of any rights of another individual and/or entity; and/or (d) your use of any
products and/or services provided from an notf.com Service Provider Affiliate.
The provisions of this paragraph are for the benefit of notf.com, its parent,
subsidiaries and affiliates, and each of their respective officers, directors,
employees, agents, shareholders, licensors, suppliers and attorneys. Each of these
individuals and entities shall have the right to assert and enforce these provisions
directly against you on its own behalf.
7. Disclaimer of Warranties. THE
SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE
PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER
OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, notf.com MAKES NO WARRANTY THAT: (A) THE SITE AND/OR PRODUCTS AND/OR
SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS:
(B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER
AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE
SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE
FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NOTF.COM, ONE OF ITS SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM THE SITE,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation
of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTF.COM SHALL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOTF.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW
FOR: (A) THE USE OR THE INABILITY TO USE AN NOTF.COM SERVICE PROVIDER AFFILIATE
PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED
FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO,
THROUGH OR FROM THE SITE OR A SERVICE PROVIDER AFFILIATE SITE; AND (C) ANY OTHER
MATTER RELATING TO THE NOTF.COM SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE NOTF.COM FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE
LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF NOTF.COM TO YOU
UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY,
FOR NOTF.COM SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE
NOTF.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE
IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NOTF.COM.
THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD
NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites.
The Site provides links to Service Provider Affiliate and other third party Internet
websites and/or resources. Because notf.com has no control over such websites
and/or resources, you hereby acknowledge and agree that notf.com is not responsible
for the availability of such websites and/or resources. Furthermore, notf.com
does not endorse, and is not responsible or liable for, any terms and conditions,
privacy policies, content, advertising, services, products and/or other materials
at or available from such Service Provider Affiliate and/or other third party
websites or resources, or for any damages and/or losses arising therefrom.
10.
Legal Warning. Any attempt by any individual, whether or not an notf.com customer,
to damage, destroy, tamper with, vandalize and/or otherwise interfere with the
operation of this Site, is a violation of criminal and civil law and notf.com
will diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible at law and in equity.
11.
Miscellaneous. This Agreement shall be treated as though it were executed and
performed in Los Angeles, California and shall be governed by and construed in
accordance with the laws of the State of California (without regard to its conflict
of law principles). Should a dispute arise concerning the terms and conditions
of this Agreement, or the breach of same by either party hereto, the parties agree
to submit their dispute for resolution by arbitration before the American Arbitration
Association in Los Angeles, in accordance with the then current Commercial Arbitration
Rules of the American Arbitration Association. Any award rendered shall be final
and conclusive to the parties and a judgment thereon may be entered in any court
of competent jurisdiction. Nothing herein shall be construed to preclude any party
from seeking injunctive relief in order to protect its rights pending an outcome
in arbitration. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. This Agreement is personal between
you and notf.com and governs your use of the Site and/or any notf.com service,
superseding any and all prior and/or contemporaneous agreements between you and
notf.com. To the extent that anything in or associated with the Site and/or any
notf.com service is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. The parties do not intend that any agency or partnership relationship
be created through operation of this Agreement.
AUTHORIZATION BY OBTAINING,
OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE NOTF.COM SITE, YOU REPRESENT
AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.