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Terms of Use

Definitions
"Affiliates" means successors, assigns, owners, shareholders, officers, directors, agents, attorneys, accountants, employees, representatives, agents, licensees, distributors, vendors, and suppliers.

"Content" means text, compilations, images, layout, design, trademarks, service marks, materials, works of authorship, and information.

"NYMCOR" means Neonym Corporation, the owner of the neonym.com domain name registration and website.

"Rights" means all rights, titles, and interests, including without limitation copyrights, copyright interests, trademark rights, and moral rights.

"Products" means goods, services, and products.

"Site" means this web site at www.neonym.com.

"Person" means individual, person, corporation, partnership, limited liability company, association, trust,  or any other entity, profit or nonprofit.

Terms of Use
NYMCOR makes this Site available solely to provide general information on trademark selection and naming.  

Only your personal use of this Site and its Content is permitted, which means that you may access such Content (when access is authorized on the Site) for your personal use only.

Commercial use of any kind is expressly prohibited. You may not change or delete any copyright, trademark, or proprietary notice or symbol from materials downloaded from this Site or any site accessible through this Site.

Use of Site Indicates Acceptance of this Agreement 
By entering this Site or the links accessible through this Site, you expressly agree to be bound by this Agreement. The Content on and accessible through this Site, and the use thereof, is subject to this Agreement and any applicable agreements presented by NYMCOR's suppliers and vendors.

Your use of this Site, each and every time you access this Site, shall constitute your acceptance of the terms and conditions of this Agreement, as revised and modified.

NYMCOR may revise or modify this Agreement at any time, and such revisions or modifications shall be effective immediately upon posting the revised or modified Agreement. 

No Legal Advice
This Site provides information about trademark selection and naming. On occasion, legally-related information is presented, but such information is not the same as legal advice, for instance, the application of law to a Person's specific circumstances or jurisdiction.

Because legal advice must be tailored to the specific circumstances of each matter, this Site may not be used as an alternative, supplement, or substitute for legal advice or services.  Do not use this Site or its Content to confirm, contradict or disregard any legal advice, and do not delay seeking legal advice or representation because of something you read or see on this Site. 

Please consult a qualified lawyer regarding any legal questions or concerns you may have or if you want professional assurance that taking or not taking any action, or relying upon any information or any interpretation of it, is appropriate to your particular situation.  You will need to hire a qualified lawyer to undertake the appropriate actions to select, search, and protect trademarks and names since you cannot rely upon any Content of this Site in doing so.

This Site is not sponsored or maintained by any law firm and may not be used for legal advice.  Any communications between you, on the one hand, and NYMCOR and its Affiliates, on the other, shall not be considered privileged attorney-client communications, nor does the communication or presence of legal information create an attorney-client relationship between you and NYMCOR or any of its Affiliates.

In addition, laws affecting trademarks and naming can change at any time and can vary considerably from jurisdiction to jurisdiction, so information on this Site may not be applicable to you or to your jurisdiction.

Links to Other Internet Sites
This Site may include links to other Internet sites created and maintained by other Persons. NYMCOR does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, appropriateness or importance for a particular purpose of these linked sites or their Content.

The inclusion of these links is merely for your convenience and does not reflect NYMCOR's opinion on the accuracy, relevance, timeliness, completeness, appropriateness or  importance of these other sites or their Content; further NYMCOR does not endorse any of the views expressed in, or Products offered by, these other sites. 

NYMCOR has no control over the Content of such linked sites, cannot control changes to the Content of such sites, and therefore cannot be responsible for their Content.

Moreover, NYMCOR is not responsible for the privacy practices of other sites linked to this Site. Any information you voluntarily post or disclose, except where expressly noted otherwise, may be publicly accessible. Please use caution when disclosing personal opinions or information.

No warranty or guarantee is made as to the quality or quantity of any Products of any Persons who may be contacted through links on this Site, and any user of this Site who purchases or receives such Products does so at his/her/its own risk.

Disclaimer of Warranty/Assumption of Risk
NYMCOR does not promise that everything on this Site is accurate, relevant, timely, current, complete or up to date and assumes no obligation to correct, complete or update the Site or its Content even if advised of errors or omissions.  However, to report any errors or omissions, you may contact NYMCOR via the Contact Us page on this Site.

NYMCOR disclaims all express or implied representations or warranties with regard to the Content, Products, and any other resources contained on or accessible through this Site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All Content provided by NYMCOR on this Site or otherwise is made available "as is" and "as available" without warranty of any kind and without any express or implied promise, including without limitation, a promise of its continuing availability.  

NYMCOR expressly disclaims any express or implied warranty or representation about the Content of this Site or its accuracy, relevance, timeliness, currency, completeness, appropriateness or importance for any particular purpose of any kind. 

The information provided on this Site is merely educational, and the accuracy, completeness, relevance, timeliness, and currency of this Site and its Content are not warranted or guaranteed, nor intended to substitute for professional legal advice, to contradict legal advice given, or for legal services of any kind.

NYMCOR does not guarantee that this Site is free from viruses and other malware, and users of this Site assume all risks of viruses and malware.

Your use of this Site is also subject to all additional disclaimers, cautions, limitations, and caveats that may appear throughout the Site or in the Content posted on or accessible through this Site.

The Content of this Site, or associated or linked sites, is extracted, read, used, or relied upon by you at your own risk. 

Limitation of Liability  
To the maximum extent permitted by applicable law, in no event shall NYMCOR or it Affiliates be liable to you or any other Person for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any injury, damage, expense or loss, including without limitation loss of use, loss of data, loss of profits, business interruption, claim, litigation, or any other personal, property or pecuniary loss or injury, whether based on breach of contract, tort (including without limitation negligence), product liability, or otherwise, arising out of or in any way connected with the Content, use or performance of this Site, with the delay or inability to use this Site, or with the provision of or failure to make available any Content, Products or other resources contained on or accessible through this Site, even if advised of the possibility or probability of such damages. 

With respect to Products purchased or received from NYMCOR or any Person identified, listed, named or contacted through this Site, or any links on or to this Site, in no event shall NYMCOR or its Affiliates be liable to you or any other Person for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other personal, property or pecuniary loss or injury, whether based on breach of contract, tort (including without limitation negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such Products, even if advised of the possibility or probability of such damages. 

Neither NYMCOR nor its Affiliates, nor owners or operators of linked sites, are responsible or liable to you or any other Person for any claim, loss, injury or damage, of any kind, directly or indirectly resulting from your use of this Site or the Content or resources contained on or accessible through it. 

Notwithstanding any other provision of this Agreement, if the above limitation of liability is held unenforceable, then in no event will any liability of NYMCOR or its Affiliates to you or any other Person exceed the amount, if any, paid by you to NYMCOR for NYMCOR's Products.

You acknowledge and agree that the limitations set forth above are essential elements of this Agreement, and that certain Content of this Site would not be available to you absent such limitations. 

Indemnification  
You agree to fully indemnify, defend, and hold harmless NYMCOR and its Affiliates from any liability, loss, claim, settlement, and expense (including without limitation reasonable attorneys' fees) related to your violation of this Agreement or use of this Site or its Content in any manner. 

Waiver and Binding Effect
NYMCOR's failure to insist upon strict enforcement of any right, provision, term or condition of this Agreement shall not be construed as a waiver of any term, condition, provision or right. 

This Agreement shall benefit NYMCOR and its Affiliates and shall bind you, your heirs, successors, assigns, and personal representatives, and all Persons on whose behalf you may act.

Copyright 
This Site and its Content are owned and copyrighted by NYMCOR and are protected by U.S. and international copyrights.  All rights reserved.  By submitting any suggestions, ideas, content, information or material, you shall acquire no Rights to this Site or its Content, even if your submission(s) is/are incorporated in the Site or its Content.

All requests for NYMCOR's permission to publish, copy, adapt, reproduce, distribute, display, transfer, or otherwise use any Content in this Site should be e-mailed to NYMCOR via the Contact Us page on this Site.  Failure of NYMCOR to respond to any request shall be construed as a refusal to grant permission.

Personally Identifiable Information
NYMCOR's general policy is to allow users to anonymously access information on this Site except for access to information for which registration may be required.  NYMCOR does not place persistent cookies in your browser. Please see NYMCOR's Privacy Policy for more details.

General Provisions
This Agreement constitutes the entire understanding between you and NYMCOR as to its subject matter, and supersedes all prior agreements, arrangements and understandings, if any, between you and NYMCOR as to its subject matter.  No oral understandings, statements, promises or inducements contrary to, or in addition to, this Agreement exist.  Except as expressly provided above, this Agreement may not be altered or amended except by subsequent writings signed by all parties.  If any term or provision of this Agreement is judged invalid or unenforceable, then the rest of the Agreement shall remain fully valid and enforceable, and such term or provision shall be deemed deleted, curtailed, or limited to such extent, but no more, as necessary to make it valid and enforceable.  The clause headings and any other headings are inserted for convenience only and shall not affect the interpretation or construction of this Agreement.  This Agreement shall be construed and enforced under the internal laws of the State of California without giving effect to rules governing conflict of laws.  All disputes between the parties shall first be submitted to non-binding arbitration conducted in English at La Jolla, California by the American Arbitration Association under its commercial rules. The parties consent to, and agree to submit themselves to, the exclusive jurisdiction of the federal and state courts located in San Diego County, California in any action arising out of or relating to the Site or this Agreement, and parties waive (a) their rights to any other venue to which either party might be entitled by domicile or otherwise and (b) all objections to venue in the courts located in San Diego County, California.

Questions
If you have any questions regarding this Agreement, your dealings with this Site, or any NYMCOR Products, please e-mail NYMCOR via the Contact Us page on this Site.

 


     
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