Welcome to NorthBot!

Welcome and thanks for using our products and services (“Service,” or “Services”). By using our Services at NorthBot.com (together with NorthBot, Inc., it’s owners, operator, agents, representatives, consultants, employees, officers, and directors — collectively, “NorthBot,” “we,” or “us”), you’re agreeing to these terms (the “Terms of Use,” or “Terms”). You’re also agreeing to the terms on www.northbot.com/privacy-policy/. Please read these carefully.

 

Type of Services

NorthBot and its component parts do not constitute, and are not intended to constitute, legal advice with respect to any particular circumstance, do not create an attorney-client relationship with NorthBot and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. NorthBot is not in the business of providing legal, financial, accounting or other professional services or advice unless noted in a separate agreement. You agree that NorthBot is not acting as your agent or fiduciary in connection your use of any Services unless noted in a separate agreement. Consult the services of a competent professional when you need this type of assistance. NorthBot shall not be liable for any loss that may arise from any reliance on NorthBot.com or its component parts.

 

Software in our Services

NorthBot gives you a royalty-free, non-assignable and non-exclusive license to use the software provided to you by NorthBot as part of the Services, unless laws or licenses prohibit such restrictions. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NorthBot, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws or licenses prohibit those restrictions or you have our written permission.

The Services contains encryption technology that is or may be specifically controlled for export by the United States government. As a result, you may not export, or otherwise transfer the Services to or into Cuba, Iraq, North Korea, Sudan or Syria or a resident of those countries or to any person on the Specially Designated Nationals List (“SDN”) maintained by the United States Treasury or the Table of Denial Orders or Entity List maintained by the United States Department of Commerce. The SDN can be found at http://www.treasury.gov/resource-center/sanctions/SDN-List. The Denied Persons List can be found at http://www.bis.doc.gov/dpl.

You also may not, and you agree to not, knowingly export or transfer the Products to anyone outside of the United States without first obtaining a proper license and satisfying all requirements of International Traffic in Arms Regulations and the Export Administration Act. It is your responsibility to comply with foreign laws and regulations on encryption import, export or use.

When you purchase the Product, you are certifying to NorthBot that you are eligible to receive products exported from the United States without any restrictions.

 

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give NorthBot (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.  Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

 

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify NorthBot and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NORTHBOT MAKES NO SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT ANY ACTION OR INACTION BY ANY BAR ASSOCIATION, GOVERNMENT AGENCY, THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Liability for our Services

WHEN PERMITTED BY LAW, NORTHBOT WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

YOU UNDERSTAND THAT NORTHBOT WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE, AND IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY ACTION OR INACTION BY ANY GOVERNMENT ENTITY.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NORTHBOT FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, NORTHBOT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY ACTION OR INACTION BY THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES OR THAT IS NOT REASONABLY FORESEEABLE.

 

Miscellaneous Matters

Our Terms or Services may change from time to time. We will post any changes in the Terms and, if the changes are significant, we will provide a more prominent notice. You should look at the Terms regularly. If you do not agree to the modified Terms for NorthBot, you should discontinue your use of NorthBot.

These terms control the relationship between NorthBot and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

Dispute Resolution and Governing Law

NorthBot encourages you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that NorthBot and its Services are deemed a passive website that does not give rise to jurisdiction over NorthBot or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, owners, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of NorthBot, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

Questions

If you have questions or suggestions, please contact us at support@northbot.com.

Updated: September 2016