Terms and Conditions

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The following Terms of Use (“Terms”) describe the means and manner under which you may access and use the Not These Ovaries, Inc., website (https://www.nottheseovaries.org/) (“Website”) and any media, software, programs, applications, products, services, and Content, that we expressly adopt or make available (collectively, our “Services”). These Terms of Use constitute a legal binding agreement between Not These Ovaries, Inc., (“NTO” or “us” or “our” or “we”) and you.

Please read these Terms carefully, as you agree to them by accessing the Website.

ARBITRATION NOTICE: These Terms contain an Arbitration Agreement below. You and NTO agree that disputes between us will be resolved by mandatory binding arbitration, including waiver of any right to a trial by jury, and that you and NTO waive any right to participate in a Class-Action lawsuit or arbitration. Please see Section 16 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.

1. Acceptance.

This Website and our Services may contain various information relating to NTO in the form of text, graphics, data, and other materials (“Content”). You acknowledge and agree that you have read, understood, and agree to be legally bound, where permitted by law, by these Terms of Use, including our Privacy Policy, incorporated by reference into these Terms of Use, by accessing, browsing, downloading or otherwise using or interacting with our Services. If you do not agree with these Terms of Use, you should not access, browse or otherwise use this Website or any of the Services.

You also agree to comply with all applicable local laws, regulations, and rules regarding online conduct and exportable Content including those of the United States and the country in which you reside. If you are using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreements with you.

Please read these Terms of Use carefully before you start to use our Services. Our Services are all offered by NTO to you on the express condition that you accept, without modification, and abide by these Terms of Use.

2. Eligibility to use NTO Services

By using the Website and Services you represent and warrant that you are the age of majority in your country and have the legal authority to agree to these Terms. You also agree to use this Website and Services for your personal, non-commercial use unless you have a separate written agreement with NTO.

3. Mission

NTO is a not-for-profit organization that is committed to saving lives in our efforts to end ovarian cancer forever by empowering people, advancing scientific research, and ensuring quality care for all. All Services are designed and used in a way intended to further our mission.

4. Health Content

NTO is proud to be a source of information about ovarian cancer. The Content provided on our Website provides general and education information on the express condition that you agree to be bound by these Terms. The materials provided with our Services are not meant to be used for self-diagnosis or to replace the services of a medical professional. While NTO endeavors to keep the materials on our Services current, healthcare information changes rapidly and thus, the materials on our Services should not be relied upon to be fully comprehensive or error free. NTO does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on our Services or by the companies or organizations linked or referred to in our Services. The information is not intended to replace the services of a medical professional nor does it constitute a patient-doctor relationship. NTO does not advocate that you attempt to treat yourself, your family or someone you know. NTO encourages you to seek the guidance of a licensed healthcare provider if you feel that you, your family or someone that you know has a condition described in our Services.

5. Modification

NTO reserves the right to make changes to these Terms at any time at its sole discretion by posting an updated version on the Website with a corresponding date. Changes made are effective immediately upon posting. You are responsible for periodically reviewing these Terms of Use for updates and amendments. Your continued use of our Services constitutes acceptance of these Terms and is subject to the most current version of these Terms, which will be effective immediately upon posting. No amendments or modifications to these Terms of Use proposed by you will be binding on NTO unless you have obtained the prior written consent of NTO.

6. Website functionality

NTO permits eligible people to browse its Website to access its content and make donations. NTO is a 501(c)(3) organization headquartered in Florida with the EIN number 99-1024991. NTO receives donations on the Website as well as offline. By making a donation, you acknowledge that you are at least the age of majority, legally competent, and agree to all other provisions of these Terms. You also agree that all details you provide to us for the purposes of making such a donation will be accurate, correct, including ownership and validity of any payment method such as a credit or debit card. NTO may validate your payment details before processing your donation.

By using the Websites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Website, including, without limitation, instructing NTO or its authorized vendors to collect any payments from a payment card, and to use the Website in accordance with these Terms. The billing to your payment card or to your account occurs at the time of purchase or donation to the Website or shortly thereafter. You agree that you are responsible for all charges incurred by your use and purchases on the Website and you expressly authorize NTO to charge the payment card provided by you or listed on your account for any outstanding fees or costs due to NTO or any donations submitted online via the Website.

NTO is committed to putting your donations to use at their full potential and covers the transaction fees.

7. Website Store

You may purchase merchandise or other goods or services on the Website. We may use a third-party fulfillment platform and a third-party payment provider may receive and implement your payment information from your credit card issuer. Our obligation to provide the goods or Services arises when we take receipt of your purchase of Services from the third-party payment provider. You agree that you will not hold NTO responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges in relation to any of the goods or Services at any time at our discretion.

To purchase products from our online store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, payment card information and email address. You are responsible for the accuracy of the contact information. By providing such information to NTO by any means (e.g., email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to NTO for use in processing your orders or receiving your donations. To purchase the products or make donations online using the payment method displayed on our Services (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over.

8. Ownership, Intellectual Property

All Services, including all Content appearing on this Website and in NTO’s marketing materials, are our copyrighted, patented or trademarked property. All copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Services are owned by us or our licensors (who may be third-party beneficiaries of these Terms of Use) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

You must not copy, reproduce, publicly display, republish, download, store, create derivative works of, publicly perform, or transmit any of the material available through our Services except you may print or download copies of our Content for your own personal, non-commercial use provided that (i) the copies of the content must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to NTO and provide a reference to NTO’s main site https://www.nottheseovaries.org/, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is NTO’s material. Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.

You retain ownership of any of your intellectual property rights in content that you share on the Services. By submitting any content to NTO, including application materials, you grant NTO a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of content does not establish any relationship of trust and confidence between you and NTO, and that you have no expectation of compensation whatsoever. You represent and warrant that your content conforms to these Terms and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these Terms; and you agree to indemnify and hold NTO harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

9. DMCA

NTO will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). If you (or your agent) believe that any of the content on our Services infringes your copyrights, please provide NTO’s designated copyright agent written notice (whose contact information provided below) with the following information:
a) A legend or subject line that says: “DMCA Copyright Infringement Notice”;
b) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
c) Identification and description of the copyrighted work claimed to have been infringed, or, if you believe that multiple copyrighted works have been infringed on our Services, a representative list of such works;
d) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NTO to locate the material. Providing the full URL of the page(s) on our Services on which the material appears is the best way to help us locate content quickly;
e) Information reasonably sufficient to permit NTO to contact you, such as your full name, address, telephone number, and, if available, an electronic mail address at which you may be contacted;
f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information requested above. No specific form is required to provide NTO with notifications of possible infringement. However, it will take NTO longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

NTO will only respond to DMCA notices it receives by mail or email at the following address:

Not These Ovaries, Inc. Attn: Legal Department
31 NE 17th St, #1803
Miami, FL 33132
Email: domains @ nottheseovaries.org

10. Acceptable Use Policy

You will not, and will not allow or authorize others to, use the Services or our Services to take any actions that: (i) infringe on any third party’s intellectual property rights (including copyright, patent, trademark, trade secrets) or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (ii) are defamatory, libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on NTO or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful, malicious, or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with our Services or any servers or networks connected to our Services or disobey any requirements, procedures, policies or regulations of networks connected to our Services, or attempt to breach the security of or disrupt Internet communications on our Services (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of NTO’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Services; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or our Services; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between our Services’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from our Services; or (xiv) are contrary to NTO’s public image, goodwill, reputation or mission or otherwise not in furtherance of our Mission.

In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of NTO’s, its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of NTO or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of our Services (or any part or portion thereof).

IMPROPER USE OF OUR SERVICES MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

11. Use Restrictions

By accessing the Website and Services, You:
(a) acknowledge that the Services may include content that is protected by copyright, trademarks, patents or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
(b) acknowledge that the Content is and shall remain the property of NTO and its licensors, and you shall at no time assert any claims ownership over any Content by reason of your use of or any right to use the Services.
(c) agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
(d) agree that you will not, and will not assist, enable or permit others to, directly or indirectly modify, enhance, alter or prepare derivative works based on [Company’s] content, software or infrastructure or otherwise tamper, decompile, decode, unlock or attempt to reverse engineer any of [Company’s] software or infrastructure.
(e) agree to not (i) post or send to NTO any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials that could constitute a criminal or civil offense, or encourage the commission of such an offense, (ii) copy the Website or Services without permission, (iii) knowingly or recklessly introduce a virus or other harmful component including but not limited to Trojan horses, worms, or otherwise tamper with, impair or damage the Website or Services, (iv) interfere with any person or entity’s use or enjoyment of the Website or Services or (iv) use our Services in a way that violates any applicable laws.
(f) Agree to treat our Content with care and adhere to these Terms.

12. Indemnification

You agree to defend, indemnify and hold NTO and its respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim or demand, including attorney’s fees, based any and all claims arising from your use of the Website and Services. This will also extend to any claims made by a third party or NTO due to or arising from your breach of any provision of these Terms.

Notwithstanding the foregoing, NTO retains the exclusive right to settle, compromise, and pay any and all claims or losses associated herewith. You will not settle any claims or losses without, in each instance, the prior written consent of an officer of NTO. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

13. External Links

NTO is responsible solely for its own Website and does not make any representations or warranties about another website you may access through the Services or through a certain person or company who has been recognized on our Services due to their donations, sponsorships, editorial content, or otherwise. NTO is not responsible for or liable for any content on such third-party websites that it does not own or control and your use is at your own risk. NTO does not endorse, adopt, sponsor, or affiliate with a third party or its services.

14. Linking to NTO Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You will not, however, suggest any form of association, approval, or endorsement of NTO without our express written consent.

15. Submissions

In connection with anything you submit to NTO, whether or not solicited by NTO, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and NTO in any way, and that you have no expectation of review, compensation or consideration of any type.

16. Dispute Resolution: ARBITRATION

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.”

(a) Agreement to Arbitrate. You and NTO agree that any and all disputes or claims that have arisen or may arise between you and NTO, whether arising out of, connected to, or otherwise related in any way to these Terms of Use (including any breach thereof), the Website, or the Services, or any aspect of the relationship or transactions between us, must be resolved through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This Section, the Arbitration Agreement, is intended to be interpreted broadly and shall govern any and all such disputes. You and NTO agree that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
(b) Waiver of Right to Trial by Jury. You agree that, by entering into these Terms of Use, you and NTO are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
(c) Waiver of Class-Action, Class and Mass-Arbitration. You and NTO agree that the arbitration shall be conducted in their individual capacities only, not as a plaintiff or class member in any purported class or representative or mass action or proceeding. You and NTO agree to expressly waive the right to file a class action, class-, or mass-arbitration, or otherwise seek relief on a class or mass basis. Unless both you and NTO agree otherwise, the arbitrator may not consolidate or join more than one individual’s or party’s claims and may not otherwise preside over any form of consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims. If an arbitrator or court decides that an arbitration can proceed on a class or mass basis, then the Arbitration Agreement will be null and void. You and NTO shall then have been deemed to not have agreed to arbitrate disputes.
(d) Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing NTO at legaldepartment@NTO.org (the “Arbitration Opt-Out Address”) with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
(e) Pre-Arbitration Dispute Resolution. NTO is always interested in resolving any disputes amicably and efficiently, and many user concerns can be resolved quickly and to the user’s satisfaction by contacting NTO at legaldepartment@NTO.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to NTO should be sent to [Susan G. NTO, Attention: Legal, PO Box 801889, Dallas, TX 75380. (Hereinafter, the “Notice Address.”) The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If NTO and you do not resolve the dispute within sixty (60) calendar days after the Notice is received, you or NTO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by NTO or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or NTO is entitled.
(f) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the interpretation, scope, enforceability, formation, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless NTO and you agree otherwise, any hearings will take place in Dallas, Texas with due consideration for both parties’ ability to travel and other pertinent circumstances. If NTO and you are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(g) Arbitration Procedures. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
(h) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(i) Severability of Terms or Provisions of Arbitration Agreement. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Waiver of Class-Action, Class and Mass-Arbitration” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Waiver of Class-Action, Class and Mass-Arbitration” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
(j) Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Use to the contrary, NTO agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Opt-Out Address or Notice Address) while you are a user of the Website, you may reject any such change by sending NTO written notice within thirty (30) calendar days of the change to the Arbitration Opt-Out Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

17. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL NTO, OUR LICENSORS, OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR SERVICES. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any content available through the Website or Services. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

In no event shall NTO, our licensors, or any of our affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the content, service, or these terms of use, whether based on warranty, contract, tort, or any other legal theory including lost profits, business interruption, lost data, personal injury (including death), and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the website, services, or content, or (b) the conduct or actions, whether online or offline, of any user of the Website or Services or any other person or entity, even if we have been advised of the possibility of such damages.

NTO controls and operates the services in the United States of America and makes no representation that it operates or is legally permitted to operate or that its Services or Content is appropriate or available for use in all geographic areas. You are solely responsible for your compliance with all applicable laws when accessing our Website from a country other than the United States of America. NTO does not warrant the accuracy, reliability or timeliness of any information provided on its services in languages other than English.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential or incidental damages, in such jurisdictions NTO’s liability is limited to the greatest extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with this Website or its content is to stop using the services.

NTO provides all information, including but not limited to text, images, links, on an “as is” basis to all users without representation or warranty of any kind to you or any third party, including but not limited to any express or implied warranties (i) of merchantability or fitness for a particular purpose; (ii) of informational content or accuracy; (iii) of non-infringement; (iv) of quiet enjoyment; (v) of title; (vi) that the website or services will be uninterrupted or error-free; (vii) that any defects or errors in the website will be corrected; (viii) that the website or the server that makes it available are free from viruses or other harmful components or (ix) that the website or services is compatible with any particular hardware or software platform.

In certain instances, NTO permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of our mission. NTO may post articles and other information provided by third parties that might be of interest or benefit to the public and users of our Services. YOU ACKNOWLEDGE THAT THE OPINIONS AND RECOMMENDATIONS OF THIRD PARTIES CONTAINED ON OUR SERVICES ARE NOT NECESSARILY THOSE OF NTO OR ENDORSED BY NTO, AND NTO DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO OUR SERVICES.

If you are a user based in New Jersey, the foregoing is intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of this section is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portion of the applicable section.

18. Severability

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and NTO for the Services and your use of the Website and Content and supersede all existing agreements and all other oral, written or other communication as well as any prior proposals, negotiations, agreements, and understandings between you and NTO concerning its subject matter relating to the use of the Services, Website or Content.

20. Governing Law

You and NTO agree that, with the exception of the Arbitration Agreement as provided below, these Terms of Use and any and all claims, disputes or other legal proceedings between You and NTO shall be governed by the laws of the State of New York without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. This shall include but not be limited to any claims or disputes that arise or are related to these Terms or your access to or use of these Services.

21. Jurisdiction and Venue

With respect to any disputes or claims not subject to arbitration, as set forth above, you and NTO agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York City, New York, provided that NTO may seek equitable relief in any court of competent jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Termination

NTO may terminate this Agreement or your use of or access to the Website or Services at any time, in its sole discretion. You agree that your access to the Website maybe effected without prior notice. Upon termination, NTO and you shall have no further obligation or responsibility to each other with respect to the Services terminated; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Services.

23. Privacy

Please read our Privacy Policy.

24. Contact

You may contact NTO here.