Terms and Conditions

The following Terms and Conditions of Use apply to any visitor or user (hereinafter referred to as “You”) of the website located at www.nesassociates.com. By accessing and using NES Associates, LLC (“NES”) website (“the Site”), you hereby agree to be bound by these terms and conditions of use.

  • NES Associates makes no representation or warranty that any material, images or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses. NES makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material available on the Site. You agree to use the Site at your own risk. Furthermore, the Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your sole risk and NES shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material. NES’ inclusion of Third Party Material on the Site shall not be construed as NES’ endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold NES harmless from any and all liability that may result from your use or reliance of the Third Party Material.
  • Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided within the Site or displayed on the Site are the property of NES or third parties, and no right to use such Marks is granted to you herein.
  • You shall not, without the prior written consent of NES, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Site or accessed through the Site. You shall not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted hereunder; or flood the Site with electronic traffic designed to slow or stop its operation. You shall not disassemble, decompile, reverse engineer or otherwise modify material found on the Site. Any unauthorized or prohibited use shall subject the offender to civil liability or criminal prosecution under applicable laws.
  • The material and images contained on this website are protected by the copyright and trademark laws of the United States and foreign jurisdictions; unauthorized or improper use of the material, images and files on the Site may result in violation of those laws.
  • You hereby waive, discharge, release and relinquish any and all claims that you now have or may have against NES, and further agree to indemnify and hold NES harmless from any claim or demand, including reasonable legal fees, made by any third party arising from your use of the Site, the violation of these terms and conditions by you, or the infringement by you or of any intellectual property or other right of any person or entity.
  • The Site shall be subject to U.S. export control laws and shall also be subject to the laws of the country where you reside. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. Notwithstanding anything to the contrary, NES makes no representation that the Site is appropriate or available for use in other jurisdictions. If you choose to access the Site from such a jurisdiction, you do so at your own risk. The laws of the State of California, United States of America, excluding choice of law principles, shall govern all issues relating to use of the Site. By using the Site, you agree that any dispute, legal action or preceding between us that concerns or relates in any way to the Site, links or any information relating to the foregoing shall be brought in federal or state court.
  • NES ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY RESULT FROM YOUR USE OF THE SITE. NES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTIBILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION VAILABLE ON THE SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NES OFFERS THE SITE AS A COURTESY ON AN “AS IS” BASIS.
  • NES’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement. NES may assign its rights and duties under this Agreement to any party at any time without notice to you. This Agreement shall expire when you discontinue use of the Site. In the event of breach of these terms, NES may terminate your access to and your use of the Site.