ACCEPTANCE OF TERMS
This Agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.
MODIFICATIONS OF TERMS OF USE
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE
Permission is granted to temporarily download one copy of the materials (information or software) on Ninjacators LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Ninjacators LLC’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ninjacators LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
DISCLAIMER
ALL SOFTWARE IS PROVIDED TO YOU AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Ninjacators.com OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. NINJACATORS.COM AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. NINJACATORS.COM AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
NINJACATORS.COM AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
SENDING YOU RESPONSES AND UPDATES, SPECIAL OFFERS AND PARTNER OFFERS
FACILITATING THE SUPPORT, RENEWAL, AND PURCHASE OF OUR PRODUCTS AND SERVICES
We may use the information you submit to contact you to discuss the support, renewal, and purchase of our products and services. We may provide our subsidiary companies with your information so that they may send you information about their services and products. We may also provide the information you have submitted to us to a Ninjacators subsidiary, business partner, or independent reseller (either within or outside the United States) so that the subsidiary, business partner, or independent reseller can contact you and facilitate the support, renewal, and purchase of Ninjacators products and services. You may receive a communication directly from one of our subsidiaries, business partners, or independent resellers. Please be assured that any subsidiary, business partner, or independent reseller who contacts you for one of these purposes has agreed to use the information we supply only in accordance with a confidentiality agreement. To find out the names and locations of the subsidiaries, business partners, and/or independent resellers to whom we have provided your information, please contact us at the address given at the end of this Privacy Statement.
YOUR ABILITY TO OPT-OUT OF FURTHER NOTIFICATIONS
From time-to-time, we notify our subscribers of new products, announcements, upgrades and updates. If you would like to opt-out of being notified please use the unsubscribe option in our ICANN compliant emails, or please contact us at the address given at the end of this Privacy Statement.
If you receive a marketing communication from our subsidiaries, business partners or independent resellers, you should opt-out with that entity directly.
SURVEYS
From time-to-time we may request information from customers via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Survey information will be used for purposes of monitoring or improving the use of and satisfaction with this Web site, and improving our customer service and product offerings.
BUSINESS TRANSITIONS
DISCLOSURE
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
COOKIES
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors.
SECURITY
All collected information is stored in a technically and physically secure environment. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect PII (including Sensitive Information) off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect our end-users’ personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use our services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our policies and take other actions otherwise permitted by law.
THIRD PARTIES
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
MINORS
This Website is not intended for visitors that are minors or under eighteen (18) years of age. Ninjacators.com does not knowingly solicit or collect information from individuals under the age of eighteen (18). If we determine that we have inadvertently collected personal information from someone under eighteen (18) years of age, we will take reasonable steps to purge this information from our database. We encourage parents and guardians to spend time online with their children and to participate and monitor the Internet activities of their children.
AND SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT
This Agreement shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.