Terms & Conditions

Nsider Community Terms of Use

These terms and conditions (together with any documents incorporated herein by reference, the “Terms of Use”) form a legal agreement between you and Ncontracts, LLC (“Ncontracts” “we” and “our”) that will govern your access to and use of Nsider Community, located at https://help.ncontracts.com/s/community, (the “Website”) including any content, functionality, and services offered on or through the Website, as well as any communications, comments, questions, answers, suggestions, input, ideas, feedback or any related materials made or submitted by you (“Submissions”) through the Website.

Ncontracts may modify and/or update these Terms of Use from time to time in our sole discretion. All such changes to these Terms and Conditions shall be effective immediately upon publication at https://help.ncontracts.com/s/terms and apply to all access to and use of the Website by you thereafter. Your continued use of the Website after modifications to the Terms of Use have posted shall indicate your agreement to the Terms of Use as so modified.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE AND/OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE, YOU (as “User”) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THIS WEBSITE IS OFFERED FOR AND AVAILABLE TO USERS WHO (I) ARE CURRENT OR PROSPECTIVE NCONTRACTS CLIENTS, (II) ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, AND (III) RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NCONTRACTS AND THAT YOU MEET THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Ncontracts provides the Website solely for use within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons and/or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and you are solely responsible for compliance with local laws.

1. Account Registration

In addition to the eligibility criteria specified above, in order to post on the Website, you must create a Website account (“Account”) by authenticating with your Ncontracts log-in credentials or by setting up an Nsider Community account. You agree to treat your Account information as confidential, and you must not disclose it to any other person or entity, or provide any other person with access to the Website or portions of it using your username, password, or other security credentials and information. You may modify the username you use to post on the Website by navigating to your Account Settings. You may not (a) impersonate any other person, (b) use a name subject to the rights of any other person without authorization, or (c) use a username that Ncontracts, in its sole discretion, deems unlawful, inappropriate or offensive. You agree to (i) provide true, accurate, current and complete information as prompted by the Website’s registration process (collectively, the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. All Registration Data and certain other information about you, as well as all communications you may receive from Ncontracts via the Website, are subject to Ncontracts’ Privacy Policy, which is incorporated into these Terms of Use by reference as though set forth fully herein. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you hereby consent to all actions we take with respect to your information consistent with such policy.

2. Account Password and Security

You are solely responsible for maintaining the confidentiality of your username, password, Registration Data, and Account and for any and all use of your Account. You agree to immediately notify Ncontracts of any unauthorized access to or use of your Account or any other breach of security. You also agree to ensure that you log out from your account or the Website at the end of each session. Ncontracts will not be liable for any loss or damage arising from your failure to comply with this Section. Ncontracts is not obligated to identify or authenticate any User who accesses the Website. We reserve the right to (i) disable any username, password, or other identifier, whether chosen by you or provided by us, or (ii) terminate or suspend any User’s access to all or part of the Website at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use. To the maximum extent permitted under law, Ncontracts disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.

3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ncontracts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The company name “Ncontracts, LLC,” the terms “Ncontracts,” “Nsider,” and all related names, logos, product and service names, designs, and slogans are trademarks of Ncontracts or its affiliates or licensors. You may not use such marks without Ncontracts’ express prior written permission. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Ncontracts. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. These Terms of Use permit you to use the Website for your internal business and personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website in violation of a third party’s rights; provided, however, that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes. You must not modify copies of any materials from this site, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

4. User Content

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Users to upload, post, submit, publish, display, or transmit User Content, as defined below, on or through the Website. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, services or other materials, including Submissions uploaded, transmitted, posted, or otherwise made available by Users on the Website (collectively, “User Content”) are the sole responsibility of the User from whom such User Content originated. This means that you, and not Ncontracts, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available on the Website, including personally identifying information, and that you, not Ncontracts, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the accuracy of any User Content posted by you or any other user of the Website. Any User Content that you make available on the Website will be considered non-confidential and non-proprietary as between you and Ncontracts (and Ncontracts’ licensees, successors, suppliers). By providing any User Content on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (i) you own or control all rights in and to the User Content that you make available on the Website and have the right to grant the license granted above to us and our licensees, successors, and assigns, and (ii) all of the User Content that you make available on the Website will at all times comply with these Terms of Use. We reserve the right to disclose your identity or other relevant information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights. When you post User Content on the Website, your username will be visible to other Users and attached to the User Content that you post. Please be aware that if you post personal information online that is accessible to other Users, you may receive unsolicited messages from such Users. Ncontracts does not control the User Content posted by you or other Users on the Website and, as such, does not endorse, verify, or guarantee the accuracy, integrity or quality of such User Content. By using the Website, you may be exposed to User Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will Ncontracts be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available on the Website. You agree that you are solely responsible for all risks associated with the use of and/or exposure to any User Content, including any reliance by you on the accuracy, completeness, or usefulness of such User Content.

5. Restrictions on User Content

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use and/or not to post, upload, transmit or otherwise make available on the Website any User Content that, among other things:

• is in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• is offensive or promotes racism, bigotry, hatred or physical harm against any group or individual;
• harasses or advocates harassment of another person or is abusive, vulgar, or profane;
• exploits people in a sexual or violent manner;
• contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, offensive subject matter, or a link to an adult website;
• solicits personally identifiable information from anyone under eighteen (18) years of age or otherwise harms minors in any way, including but not limited to exploiting or harming, or attempting to exploit or harm, minors by exposing them to inappropriate content;
• publicly displays information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, indecent, offensive, inflammatory, defamatory or libelous, or otherwise objectionable;
• constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated video or links to pirated video files;
• constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes;”
• contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without prior written consent from Ncontracts such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes any information, photograph, or video of another person that you have posted without that person’s consent;
• is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity, to include impersonating or attempting to impersonate Ncontracts, an Ncontracts employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other intellectual property or other rights of any third party;
• violates the legal rights (including but not limited to the rights of publicity and privacy) of others or contains any material that could give rise to civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms of Use and our Data and Privacy Policy;
• you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or
• suggests or encourages actions that violate Ncontracts' Terms of Use.

6. Prohibited User Conduct

You are solely responsible for compliance with all laws, regulations and ordinances in connection with your use of the Website, including without limitation your User Content. You may not use the Website in any way that could harm it or impair anyone else’s use or enjoyment of it, or which, as determined by Ncontracts in its sole discretion, may harm Ncontracts or Users of the Website, or expose them to liability. You agree not to engage in any of the following activities in connection with your use of the Website:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any User to buy or sell any products or services;
• circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Website;
• activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• any automated use of the Website, including the use of any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• damaging, disabling, disrupting, overburdening, or impairing the Website or interfering with any other party’s use and enjoyment of the Website;
• impersonating or attempting to impersonate another User, person or entity, or misrepresenting your identity or affiliation with any person or organization;
• using the Account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
• using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
• allow usage of the Website by others in such a way as to violate these Terms of Use;
• take any steps to interfere with or in any manner compromise any security measures employed by the Website;
• use the Website for fraudulent purposes;
• collect any information about other Users;
• sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Website, your Account, or your password to any third-party;
• engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of Users or other information from the Website; or
• attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Website, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Website.

7. Ncontracts’ Involvement

• Ncontracts reserves the right to withdraw or amend the Website, and/or any service or material we provide on or through the Website, at any time in our sole discretion without prior notice.
• Ncontracts reserves the right (without the obligation) to monitor, pre-screen, reject, remove, edit or take any other action with respect to any User Content for any reason in its sole discretion and without notice, as permitted by law. Ncontracts assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time Ncontracts chooses, in its sole discretion, to monitor the Website, Ncontracts nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any User submitting User Content.
• Ncontracts reserves the right (without the obligation) to respond to User Content but will not formally provide any technical or customer support assistance on or through the Website. Support requests should be made through support@ncontracts.com, by phone at (888) 887-9314, via chat at help.ncontracts.com. Live support is available Monday – Friday, 8:00 am – 5:00 pm Central time. In no event shall User Content be deemed to be effective notice under any services agreement or under any other agreement between you and Ncontracts. Any verified responses provided by Ncontracts or Ncontracts employees is offered without warranties of any kind.
• Ncontracts reserves the right to investigate and take appropriate legal action against anyone who, in Ncontracts’ sole discretion, violates the Terms of Use, including without limitation, removing the offending Content from the Website, reporting a User to law enforcement authorities, and terminating or suspending a User’s right to use the Website. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NCONTRACTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NCONTRACTS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NCONTRACTS OR LAW ENFORCEMENT AUTHORITIES.
• Ncontracts will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, Ncontracts may restrict User access to the Website, in whole or part.

8. Reliance on Information Posted

User Content and all other information presented on or through the Website is made available solely for general information purposes. NCONTRACTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF USER CONTENT OR ANY OTHER INFORMATION DISPLAYED ON THE WEBSITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK AND YOUR RESPONSIBILITY. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSS OR DAMAGES, DIRECT OR INDIRECT, ARISING FROM ANY RELIANCE PLACED ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. All statements and/or opinions expressed or published on or through the website, other than the content provided directly by Ncontracts, are solely the opinions and the responsibility of the person or entity expressing or publishing such statements and opinions.

9. License; Use Rights

Ncontracts (or its licensors) grants you a personal, limited, non-transferable and non-exclusive right and license to access and use the Website and the materials, data, information, features, and functions therein solely to provide your Submissions, which right and license are and shall at all times remain revocable by Ncontracts for any reason and without notice. Use of the Website does not provide or grant to you or any other person any permissions or rights to any Ncontracts product, service, or other asset.

10. Proprietary Rights to User Content

• You understand and agree that your User Content will become the non-exclusive property of Ncontracts, regardless of the form or platform in which it is delivered, and you grant Ncontracts a perpetual, irrevocable, worldwide, unrestricted license to any intellectual property rights in any form and/or of any type that are or may at some future time be associated with the User Content. You further agree that Ncontracts may use all or part of your User Content or any derivative thereof in any manner or media without any remuneration, compensation or credit to you.
• You represent, warrant, and promise that your use of the Website, including your posting or transmitting of User Content, does not and will not infringe upon, misappropriate, or otherwise violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any person or entity.
• Ncontracts cannot guarantee that other Users will not use User Content that you post on the Website for their own personal or commercial benefit. YOU SHOULD NOT POST ANY USER CONTENT ON THE WEBSITE THAT YOU WISH TO KEEP CONFIDENTIAL OR DO NOT WANT OTHERS TO USE. NCONTRACTS WILL NOT CONSIDER ANY USER CONTENT TO BE CONFIDENTIAL OR PROPRIETARY. NCONTRACTS IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT POSTED BY YOU ON THE WEBSITE.
• If you believe that any Content or other material provided through the Website, including through a link, infringes your copyright, you should notify Ncontracts of your infringement claim in accordance with the procedure set forth below in Section 10 of these Terms of Use.

11. Feedback

Ncontracts welcomes suggestions, comments, or other feedback about its products and services (e.g., regarding their utility, reliability, or performance) and your user experience with the same, as well as any bug-fixes, features, functionality, improvements, or enhancements you would like to see in future versions or iterations of such products and/or services (collectively, “Feedback”). You agree that in the event you provide Feedback to us, whether through the Website, email, telephone, or otherwise, that such Feedback is and will be given entirely voluntarily and will not create any confidentiality obligations for Ncontracts, even if designated as confidential. You represent and warrant that you will not provide any Feedback that you know or have reason to believe might infringe any third-party intellectual property rights or misappropriate any third-party confidential information or trade secrets. Except as expressly stated above, any Feedback you provide will be considered to be provided "as is" without any warranty or condition of any kind, whether express or implied. You hereby grant to Ncontracts a worldwide, non-exclusive, perpetual, irrevocable, directly and indirectly sub-licensable, royalty free right and license to exploit the Feedback in any manner and for any purpose in Ncontracts’ sole discretion, without any attribution or compensation being owed to you, including without limitation the right to make (or have made), develop (or have developed), modify (or have modified), reproduce (or have reproduced), use (or have used), import or export (or have imported or exported), offer for sale or sell (or have offered for sale or have sold), license (or authorize others to license), and distribute or otherwise dispose of (directly and indirectly) as part of any of Ncontracts’ or its affiliates’ business, technology, products or services, as well as to grant others the right to do any of the foregoing.

12. Copyright Infringement

If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. IT IS NCONTRACTS’ POLICY TO TERMINATE THE USER ACCOUNTS OF REPEAT INFRINGERS.

13. Website Content

The Website may contain information, data, text, software, music, sound, photographs, graphics, video, messages, links to web sites, or other materials (“Website Content”) provided by Ncontracts or third parties (“Content Suppliers”). Ncontracts is not responsible or liable, directly or indirectly, for any Website Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Website Content. Ncontracts is under no obligation to pre-screen Website Content. As between Ncontracts and you, all right, title and interest in and to the Website and any Website Content (including any intellectual property rights to the Website and the Website Content) will remain the sole property of Ncontracts. You may not copy, use, or incorporate any of the Website Content on the Website, including any marks, graphics, logos, scripts, and sounds are trademarks, into any other work, including your own site, or use such Website Content in any other public or commercial manner.

14. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Indemnification

Ncontracts is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Website. You hereby agree to indemnify, defend, and hold harmless Ncontracts, and Ncontracts’ suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Website and/or your violation of these Terms of Use, (b) your breach of any representations, warranties or covenants in these Terms of Use, (c) any User Content posted or transmitted by you on or through the Website, and (d) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Ncontracts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

16. No Rescission or Injunctive Relief

You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of these Terms of Use, in whole or in part, or any injunctive or other equitable relief for any reason, including, without limitation, relief that would restrain the operation of the Website, enjoin the display of any advertising on the Website, or enjoying the exploitation of any Content on the Website.

17. Disclaimer of Warranties; Limitation of Liability

• YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NCONTRACTS AND NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE WEBSITE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NCONTRACTS AND NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER LOSS SUFFERED AS A RESULT OF THE DOWNLOAD OF ANY SUCH MATERIAL.
• IN NO EVENT WILL NCONTRACTS OR ANY OF NCONTRACTS’ SUPPLIERS OR LICENSORS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, EVEN IF NCONTRACTS OR ANY OF NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NCONTRACTS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS OF USE EXCEED $0. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
• TO THE FULLEST EXTENT PROVIDED BY LAW, NCONTRACTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NCONTRACTS NOR ANY PERSON ASSOCIATED WITH NCONTRACTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NCONTRACTS NOR ANYONE ASSOCIATED WITH NCONTRACTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, NCONTRACTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Termination and Restriction of Access

Ncontracts reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, the Website or your access to the Website, with or without prior notice or explanation, and without liability. YOU MAY TERMINATE YOUR USERSHIP AT ANY TIME, FOR ANY REASON, WHICH YOU AGREE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH NCONTRACTS IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN. Even after a Usership is terminated, these Terms of Use will remain in effect.

19. Notices and Communications

• Ncontracts reserves the right to change the terms, conditions, and notices under which it offers the Website at any time and without notice. You are solely responsible for reviewing any updates and/or changes to these Terms of Use and any associated changes. If you do not agree to any future changes made by Ncontracts, your sole and exclusive remedy is to stop using the Website. Unless explicitly stated otherwise, any new features or functions that change, augment or enhance the current Website will be subject to these Terms of Use.
• By using the Website, you agree to receive certain communications from Ncontracts in connection with the Website. You can manage your preferences in connection with communications related to your usage of the Website by navigating to your Account Settings.

20. Choice of Law, Forum Selection, Dispute Resolution, Limitation of Time to File

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in Nashville, Davidson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At Ncontracts’ sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Entire Agreement; Severability

These Terms of Use, including any and all terms incorporated into these Terms of Use by reference, constitute the entire legal agreement governing your use of the Website, and supersede any prior agreements or understandings between you and Ncontracts with respect to the subject matter hereof; provided, however, that these Terms of Use in no way affect or modify any service agreement or other agreement now or later in effect between you and Ncontracts. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, the parties agree that the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

22. Survival

The provisions of these Terms of Use, which by their nature should survive cancellation or deletion of your Account, shall survive such cancellation or deletion.

23. California Consumer Notice

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following consumer rights notice. The Website is provided by Ncontracts, LLC, located at 1221 Broadway, Suite 1900, Nashville, TN 37203, which may be reached by telephone at (888) 370-5552. If you have questions or complaints regarding the Website, please contact support@ncontracts.com. You may also contact us by writing to Ncontracts, LLC, 1221 Broadway, Suite 1900, Nashville, TN 37203 or by telephone at (888) 370-5552. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail or courier at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at (800) 735-2929 (TTY).

24. Comments & Concerns

The Website is operated by Ncontracts, LLC, with offices located at 1221 Broadway, Suite 1900, Nashville, TN 37203. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@ncontracts.com. For inquiries or questions regarding these Terms of Use or the Website, please contact us at help.ncontracts.com.