Terms and Conditions Governing Use of this Web Site
Thank you for visiting the Web site of Niemann Capital Management, Inc. ("Niemann"). Niemann makes available information, materials, products, software, and services on Niemann's Web site located at www.ncm.net ("our Web Site," or "the Site"), subject to the following terms and conditions ("Terms and Conditions").
Niemann retains the right to modify these Terms and Conditions at any time and without prior written notice by posting new or modified Terms and Conditions on this page. Your use of the Site is governed by the version of the Terms and Conditions in effect on the date the Site is accessed by you.
Subject to these Terms and Conditions, you may download, view, copy and print documents and graphics incorporated in the Site (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, noncommercial purposes; and (b) the Documents may not be modified or altered in any way.
You may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may not use the Site in any manner that could damage, disable, overburden, or impair any Niemann server, or the network(s) connected to any Niemann server, or interfere with any other party's use and enjoyment of any of the Site. You may not attempt to gain unauthorized access to any of the Site, other accounts, computer systems or networks connected to any Niemann server or to any of the Site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. Niemann reserves the right to revoke your access to and use of the Site and such revocation may have immediate effect. You agree that Niemann will not be liable to you or any third party as a result of such revocation.
Copyright, Trademarks and Other Proprietary Rights
The Site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Niemann, Inc. and/or its licensors or affiliates, and Niemann and its licensors and affiliates reserve all rights with respect to the Site's content, including, without limitation, all rights to copy, display, distribute, transmit, modify and remove it and to create derivative works based on it.
Certain trademarks, product names, company names and logos appearing on the Site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
Registration, Security and Password
Responsibility for maintaining the confidentiality of your password and account rests entirely with you. Furthermore, you accept the entire responsibility for any and all activities involving your account. You agree to notify Niemann immediately of any unauthorized use of your account or any other breach of security. Niemann will not be liable for any losses that result from someone else's use of your password or accessing of your account, either with or without your knowledge. In addition, you could be held liable for losses incurred by Niemann or another party if you permit someone else to access your account or use your password. You may not use anyone else's account at any time, without the permission of the account holder.
Warranties, Disclaimers and Limitation of Liability
THE SERVICES ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER NIEMANN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. NIEMANN DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER'S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NIEMANN IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NIEMANN WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.
You agree to indemnify and hold Niemann and its agents, employees, and licensors (including third party providers) harmless from any claim, demand, loss costs or expenses, including attorneys' fees, made by any person arising out of your use of the Site or your violation of these Terms and Conditions, state or federal securities laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
The Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of California, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the Terms and Conditions are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining Terms and Conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These Terms and Conditions set forth Niemann's entire agreement with you related to your use of the Web Site.
Consequences of Unacceptable Use
We respect your right to privacy and understand the importance you place on the privacy and security of your personal information.
This Privacy Statement describes our current privacy practices with regard to information we collect when you or your computer interact with our Web site, including www.ncm.net and other sites in our domains.
Information Collection and Use
We will protect the confidentiality of any personal information you give to us and will not offer your information to outside parties that would extend offers of products, services, contests, sweepstakes or promotions (i.e., spam).
We will use any personally identifiable information you provide about yourself to respond to your inquiries about our offerings, and to customize the content of our Web sites. If you have given us permission, we will use your e-mail address and other personally identifiable information to send you our newsletter or to communicate with you about products and services we believe may be of interest to you.
Disclosure of Information
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary:
- to fulfill your requests for services,
- to protect the security of our software, services, Web sites, and users,
- to protect ourselves from liability,
- to respond to legal process or comply with the law
We take measures to protect the security of personally identifiable information we hold about you. These measures include: Limiting the number of our employees who have access to personally identifiable information,
- Requiring employees with access to personally identifiable information to take appropriate measures to safeguard it, and
- Storing your information in secure places that are protected using standard security technologies.
If you have questions about this Privacy Statement, its implementation, or our practices please contact: compliance @ ncm.net