Terms and Conditions of Service

Last Updated: 11-13-2017

NS8 Inc. (“NS8” “we”, “us”, or “our”) offers the website available at www.ns8.com and its content, features, and functions (collectively, the “Site”). These Terms of Use (“Terms”) govern your use of the Site.

Please read these Terms carefully. You acknowledge that you are 13 years of age or older, and, if under the age of 18 or the age of majority in your jurisdiction, are using the Site under the supervision of a parent, legal guardian, or other responsible adult. If you are not 18 years of age, you must review these Terms with your parent or legal guardian before using the Site. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

The Terms incorporate the Privacy Policy available at https://www.ns8.com/policies/privacy/. By accessing and using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein.

CHILDREN

The Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please stop using the Site. We do not knowingly solicit or permit children under the age of 13 to provide their personal information to us. In the event that we learn that we have unintentionally collected personal information from children under the age of 13, we will take reasonable measures to promptly delete the information.

REGISTRATION

You may view some parts of the Site without registering, but in order to access and use other parts of the Site, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by contacting us at: support@ns8.com, please place “Account Cancellation” in the subject line of your email to us. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.

PRIVACY

When you register an account with us, you may be required to provide some of your personal information, such as your name, email address, and date of birth. By using the Site and providing us with your personal information, you also accept our Privacy Policy at https://www.ns8.com/policies/privacy/, which is also available on the Site.

USE RESTRICTIONS

We expect you to use the Site in a positive and constructive manner. You are solely responsible for your actions when using the Site, whether or not you have created an account with us. You may be held responsible for trying to have someone else do what you are prohibited from doing. In addition, you understand and agree that you will not do or attempt to do any of the following in connection with your use of the Site:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
  • Submit, post, or share with other users offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content;Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
  • Share product numbers, activation keys, or other information which may facilitate the use of unlicensed or pirated software;
  • Copy, download, distribute, transmit, share, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
  • Use the Site to make unsolicited offers, requests, advertisements, or spam;
  • Impersonate or pretend to be anyone else but you;
  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
  • Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another, including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.

If you believe someone is not complying with these Terms or that someone is violating your rights, please notify us at support@ns8.com. If you violate any part of these Terms, we reserve the right to terminate your access to the Site.

COMMUNICATIONS AND CONTENT

By creating or maintaining an account or profile, posting content, uploading files, inputting data, applying for opportunities posted through the Site, transmitting email, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You are responsible for your own Communications. We expressly disclaim all liability in connection with your Communications, including any underlying actions, research, or preparation involved with your Communications. You agree to assume any risks related to your Communications or the underlying actions, research, or preparation involved with your Communications. We reserve the right to remove your Communications in our sole discretion and without prior notice to you.

We do not represent or guarantee truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by the Site users or endorse any opinions expressed by such users. We make no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with the Site. We shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Site; or (iii) any defamatory, libelous, or unlawful material contained within the Site, including user profiles, resumes, discussion boards, emails, opinions, advice, or statement. You acknowledge that any reliance upon any such opinion, advice, statement, or information will be at your own risk.

If we receive a notification about a user regarding Communications which allegedly do not conform to these Terms, we have the right, but not the obligation, to investigate the allegations and determine in good faith and at our sole discretion whether to remove or request removal of the Communication. We have no liability or responsibility to users for performance or nonperformance of such activities. We have the right, but not the obligation, to remove Communications that are abusive, illegal, disrespectful, misleading, fraudulent, disruptive or otherwise problematic. Please note that by providing and offering the Site, we are in no way supporting or endorsing your Communications.

OWNERSHIP

We and our licensors are the sole owners of the Site, including, but not limited to, all content, features, and functions, and all copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain the exclusive property of us. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the NS8 name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so.

COPYRIGHT INFRINGEMENT

If you believe that any material appearing on our Site violates your copyright, or the copyrights of others, please notify us at the contact information below. Our policy is to investigate such claims of infringement. We reserve the right to suspend or terminate access to the Site by any user who is alleged to have posted infringing material through the Site, as well as remove the materials.

When you notify us of any alleged infringement, your notice must comply with the Digital Millennium Copyright Act (“DMCA”). Under the DMCA, your notice must be in writing and must include the following information: (1) a description of the copyrighted work or works you believe is being infringed upon; (2) a description of the material you believe is infringing or the subject of infringing activity and a description of where we can locate such materials; (3) your name and contact information (mailing address, telephone number, and e-mail address); (4) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner; (5) a statement that all of the information you have provided is accurate; and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner; and (6) your signature, either physical or electronic.

After you have included all of this information, please send your notice to the following address: [Name, Address, Email].

Eric Kay
2214 Rock Hill Road, Suite 270
Herndon VA 20170
support@ns8.com

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS OR FOR THE UNDERLYING ACTIONS, RESEARCH, OR PREPARATION INVOLVED WITH YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THE RISK OF HARM OR DAMAGE FROM ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT RESTS ENTIRELY WITH YOU. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH USE OF THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold us, our officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your Communications and your use of the Site. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

THIRD PARTY SITES

We may offer links, advertisements, or other materials through the Site which allow you to browse or be redirected to a third party’s website. We are not associated, endorsing, or responsible for the services, websites, or content of these third parties. If you have any questions about these other companies’ practices, you should review their terms of use and other policies. We expressly disclaim liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions or website content of any third party parties and you waive any claims against us for damages arising from such transaction or your reliance upon statements contained therein. You will not consider us nor will we be construed as a party to such transactions, whether or not we may have received some form of revenue or remuneration in connection with the transaction. You agree that use of third party merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NON INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTION BETWEEN YOU AND THIRD PARTY MERCHANTS FOUND ON THE SITE OR SERVICES OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

DISPUTE RESOLUTION

These Terms will be construed and enforced under the laws of the Commonwealth of Virginia. You agree that the state and federal courts in the Commonwealth of Virginia shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that Virginia is an inconvenient forum. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. You waive any right you may have to a trial by jury in connection with any claim or proceeding related to these Terms.

TAX RESPONSIBILITIES

You acknowledge that you are personally responsible for all taxes associated with the receipt of any and all income derived from the NS8 Partner Program. Please visit the website of the Internal Revenue Service here for more information and consult a tax professional if needed.

TERMINATION

We may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by canceling your account and ceasing your use of the Site. In the event of termination of these Terms, either by you or by us, we may delete and/or store, in our discretion, data associated with your use of the Site.

SEVERABILITY

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

AMENDMENTS

We reserve the right to change any part of the Site, as well as these Terms, at any time and without prior notice to you at our sole discretion. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Site means that you agree with our updated Terms.

QUESTIONS

If you have any questions about these Terms or the Site, please contact us at support@ns8.com.