Terms of Service
This website and/or its mobile sites and applications, referred to as the “Site,” is owned and operated by www.nlheathlymayovip.com, referred to as the “Company.”
These Terms of Use, referred to as the “Terms of Use,” apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase on the relevant Company website, which are incorporated herein by reference.
Your use of this Site is also governed by the Privacy Notice, which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company provides this Site, including all information, tools, and services available on this Site, to you, the user, subject to your acceptance of these Terms of Use.
Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
Please read these Terms of Use carefully, along with the Privacy Notice and any other policies or agreements referenced in these Terms of Use, before using the Site.
By using the Site, you agree to these Terms of Use, including, without limitation, the arbitration agreement and class action waiver described in the Dispute Resolution section below.
Data Integrity
You represent that all information, data, and other materials you provide on this Site or to the Company through any other means are true, accurate, current, and complete.
You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
Privacy Notice
A copy of the Privacy Notice that applies to the collection, use, disclosure, and other processing of personal information on this Site is available at:
You consent to any personal information we obtain about you, whether through this Site, by email, by phone, or by any other means, being collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice.
License and Site Access
All content available through this Site, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement of such content, is the exclusive property of the Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site.
Unless otherwise stated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or remove any copyright, trademark, or other proprietary notices appearing in the content.
The Company, its licensors, or content providers retain full ownership of the content available on the Site, including all associated intellectual property rights. This content is provided to you under a license that may be revoked at any time at the Company’s sole discretion.
The Company strictly prohibits any other use of content available through the Site, including but not limited to:
● downloading, copying, or otherwise using the content or the Site for purposes competitive with the Company or for the benefit of another vendor or third party;
● caching, unauthorized linking to the Site, or framing any content available on the Site;
● modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, selling, or creating derivative works from any content, products, or services obtained from the Site that you do not have the right to make available;
● uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
● using any hardware or software intended to secretly intercept or otherwise obtain information, such as system data or personal information, from the Site, including but not limited to scraping, data mining, robots, or similar data gathering and extraction tools;
● taking any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure, or that may damage or interfere with the proper operation of our infrastructure.
You are responsible for obtaining access to the Site. Such access may involve third-party fees, such as internet service provider or mobile data charges.
You must also provide and are responsible for all equipment necessary to access the Site.
You may not bypass any measures implemented to prevent or restrict access to this Site.
Any unauthorized access to the Site by you, including any access or use involving an account you may establish on the Site or any device you may use to access the Site, will terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, and prohibit any person from using this Site for any reason.
The Company also reserves the right to limit or terminate your access to or use of the Site at any time without notice.
The Company does not warrant or represent that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company.
Termination of your access or use will not waive or affect any other right or remedy to which the Company may be entitled under law or equity.
Content You Submit
You acknowledge that you are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality, and copyright compliance.
You may not upload, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically offensive, or otherwise objectionable.
This includes any content that encourages conduct that would constitute a criminal offense, violate the rights of any party, create civil liability, or otherwise violate applicable laws.
You may not use a false email address or other misleading identifying information, impersonate any person or entity, or otherwise mislead others as to the origin of any content.
With respect to any content you submit, post, upload, publish, or otherwise make available through the Site, other than personal information handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such content or any part of such content in any media.
Such content will not be treated as confidential.
You represent, warrant, and covenant that:
- any content you provide does not include anything, including but not limited to text, images, music, or video, for which you do not have the full right to grant such a license to the Company;
- the Company is free to exercise its rights in and/or use your content if it chooses, without obtaining permission or a license from any third party and without reference to you or any other person.
Links
This Site may contain links to other websites or resources operated by third parties that are not affiliated with the Company.
These links are provided for your convenience and as an additional way to access the information contained therein.
We are not responsible or liable for any content, advertising, products, or other materials available on or from such websites or resources.
The inclusion of links to other websites or resources should not be viewed as an endorsement of the content of those linked websites or resources.
Different terms and conditions and privacy policies may apply to your use of any linked websites or resources.
The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on or through any linked website or resource.
Disclaimers
Except as otherwise expressly provided in these Terms of Use, Terms of Service, or Terms of Purchase, and to the fullest extent permitted by applicable law, the Company makes no representations, covenants, or warranties and offers no other conditions, express or implied, regarding any matter.
This includes, without limitation, merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any content on the Sites, or any products or services purchased through the Company Sites, as well as warranties implied from a course of performance or course of dealing.
Your use of this Site is at your sole risk.
The Site and the materials, information, services, and products on this Site are provided on an “as is” and “as available” basis.
We reserve the right to restrict or terminate your access to the Site, or any feature or part of it, at any time.
The Company disclaims any warranties that:
● access to the Site will be uninterrupted or error-free;
● the Site will be secure;
● the Site or the server that makes it available will be virus-free;
● information on the Site will be correct, accurate, adequate, useful, timely, reliable, or otherwise complete.
If you download any content from this Site, you do so at your own discretion and risk.
You are solely responsible for any damage to your computer system or loss of data that results from downloading such content.
No advice or information obtained by you from the Site will create any warranty of any kind.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the Site, communications with third parties, and purchase and use of products and services available through the Company Sites.
You acknowledge and agree that any information you send or receive while using the Site may not be secure and may be intercepted by unauthorized parties.
You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge.
Recognizing this, you acknowledge and agree that, to the fullest extent permitted by applicable law, including consumer protection laws, neither the Company nor its licensors, suppliers, or third-party content providers, referred to as the “Company Parties,” will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to:
- this Site or any other website or resource you access through a link from this Site;
- any action we take or fail to take as a result of communications you send to us;
- any products or services made available or purchased through the Company Sites, including any damages or injury arising from the use of such products or services, including product liability;
- any delay or inability to use the Site or any information, products, or services advertised on or obtained through the Site;
- the modification, removal, or deletion of any content submitted or posted on the Site;
- any use of the Site, whether based on contract, tort, strict liability, product liability, or otherwise, even if the Company Parties have been advised of the possibility of such damages.
It is the user’s responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site or obtained from a linked website or resource.
This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits, theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss.
You specifically acknowledge and agree that neither the Company nor its licensors, suppliers, or third-party content providers will be liable for any defamatory, offensive, or illegal conduct of any user of the Site.
Your remedy for any of the above claims or any dispute with the Company is to discontinue your use of the Site.
You and the Company agree that any cause of action arising out of or related to the Site must begin within one year after the cause of action accrues, or the claim will be permanently barred.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or part of the above limitation may not apply to you.
Indemnities
You agree to indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses, and other damages of any kind, including attorneys’ and experts’ fees, incurred by the Company Parties.
You also agree to defend the Company Parties against any and all claims arising out of:
- your breach of these Terms of Use;
- your breach of the Terms of Purchase;
- fraud committed by you, or your intentional misconduct or gross negligence;
- your violation of any applicable law or the rights of a third party.
The Company Parties will control the defense of any claim to which this indemnity may apply.
In any event, you may not settle any claim without the prior written approval of the Company Parties.
Electronic Communications
When you use the Site or send emails to the Company, you are communicating with the Company electronically.
You consent to receive electronically any communications related to your use of this Site.
The Company will communicate with you by email or by posting notices on this Site.
You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
All notices from the Company intended for receipt by a customer will be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.
Site Postings
The Site may allow users to send or post messages on the Site.
The Company is under no obligation to review any content, including messages, posted on or sent through the Site by users and assumes no responsibility or liability related to such content.
The Company may, at its sole discretion, monitor, decline to post, or remove any such content.
Trademarks and Copyrights
The trademarks, logos, and service marks, referred to as “Marks,” displayed on the Site are the property of the Company, its licensors, content providers, or other parties.
Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including but not limited to use as meta tags on other pages or websites, without the written permission of the Company or the third party that may own the Marks.
You may not use frames or framing techniques or technology to enclose any content included on the Site without the Company’s express written consent.
You may not use any Site content in meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent.
All content, including any software programs available on or through the Site, is protected by copyright, trademark, and other applicable laws.
Claims of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same.
You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for termination, in appropriate circumstances, of website users who are repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide the Company’s copyright agent with the following information.
To be effective, the notice must be in writing and provided to our copyright agent:
● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
● a description of