2. COPYRIGHT AND LIMITATIONS ON USE.
The content displayed on the Site (“Content”) is the property of NCGS or its licensors, and is protected by copyright and other intellectual property laws. This Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon, or store any Content from the Site. You also agree not to distribute, transmit, broadcast, or circulate any Content from the Site to anyone without the express prior written consent of NCGS.
NCGS’s name and logo may not be used in connection with any product or service which is not NCGS’s, in any manner likely to cause confusion among users or customers or in any way that disparages or discredits NCGS. Other names, logos, and trademarks that appear on the Site are the property of their respective owners.
The Site includes facts, views, opinions, and recommendations of individuals and organizations deemed of interest. NCGS and its Content licensors do not guarantee or warrant the accuracy, completeness, or timeliness of, or otherwise endorse, these views, opinions, and recommendations.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
You may receive a password and account designation upon completing a NCGS registration process and becoming a registered user. These passwords are the property of NCGS and for security reasons must not be disclosed to any other party. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NCGS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NCGS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. You grant NCGS and all other persons and entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.
4. USER CONDUCT.
You understand that all information, data, text, and other materials are the sole responsibility of the person from whom such information, data, text, or materials originated. This means that you, and not NCGS, are entirely responsible for all information, data, text, and other materials that you upload, e-mail, transmit, or otherwise make available via the Site. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or the Content without NCGS’s prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
6. ONLINE DISCUSSION FORUMS.
7. ONLINE SHOPPING.
Availability: We cannot guarantee availability of any product, even if our Site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.
Site Transactions: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Risk of Loss: All items purchased from ncgs.org are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
8. DISCLAIMER OF WARRANTIES AND LIABILITY.
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such Content and the Site. THE CONTENT AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. NCGS AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND NCGS HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NCGS AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LINKS TO THIRD-PARTY SITES.
This Site may contain hyperlinks to sites operated by persons other NCGS. These hyperlinks are provided for your reference and convenience only. You agree not to hold NCGS responsible for the content or operation of such sites. A hyperlink from this Site to another site does not imply or mean that NCGS endorses the content on that site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.
12. SUBMISSIONS VIA EMAIL.
If you submit any business information, idea, concept, or invention to NCGS by e-mail, you automatically grant to NCGS — or warrant that the owner of such content or intellectual property has expressly granted to NCGS — a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. NCGS may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to NCGS by email.
13. GOVERNING LAW AND JURISDICTION.
This Site is owned and operated by NCGS from its offices in Massachusetts. Your use of this Site, and any related legal action, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in the Commonwealth of Massachusetts.
14. ADDITIONAL LEGAL TERMS.
The Site is not intended for use by children under the age of 13. By using our Site, you represent that you are age 13 or over.