www.netyield.com is a property of LAN Infosystems, Inc., a Massachusetts limited liability company, operated by NetYield, Inc., a Massachusetts limited liability company.

TERMS AND CONDITIONS OF USE

NetYield provides information to you via this website concerning products and services sold by NetYield, Inc. (the “NetYield Information”). The viewing and downloading of NetYield Information, the NetYield Information itself, and the use of this website are hereinafter collectively referred to as the “NetYield Services”. The NetYield Services are provided to you subject to the following terms and conditions which you agree to by using the NetYield Services. Do not use the NetYield Services unless you agree to these terms and conditions.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, NetYield or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NetYield Services solely for the purpose of evaluating a potential purchase of products sold by NetYield. This license does not include any resale or commercial use of any NetYield Service, or its contents, including but not limited to product specifications; any collection and use of any product listings, descriptions, drawings, or prices; customer information, any derivative use of any NetYield Service or its contents; any downloading or copying of information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by NetYield. No NetYield Services, nor any part of any NetYield Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of NetYield. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NetYield without its express written consent. You may not use any meta tags or any other “hidden text” utilizing NetYield’s name or trademarks without the express written consent of NetYield. You may not misuse the NetYield Services. You may use the NetYield Services only as permitted by law. The licenses granted by NetYield terminate if you do not comply with these Conditions of Use or any service terms under other agreements with NetYield. Notwithstanding the foregoing, any program that searches the internet for keywords or phrases may have access to the content of netyield.com solely for the purpose of returning to its users the results of said search.

SITE CONTENT

Other users of NetYield Services may post certain information or provide opinions or advice as part of app.netyield.com. Information provided by users of the NetYield Services is solely the opinion of such users and does not express the opinions of NetYield. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. NetYield does not necessarily exercise editorial control over content created or posted by others. When information contained on www.netyield.com comes from third parties, even where it may have been obtained by NetYield, NetYield makes no representations about the suitability of such content for any purpose. When reviewing any information on www.netyield.com including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by NetYield, and that your actual experience may be different. Neither NetYield nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on netyield.com, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.

WEBSITES AND THIRD-PARTY CONTENT

www.netyield.com may contain links to third-party products, services, and websites. NetYield exercises no control over these products, services, and websites, and is not responsible for their performance, and is not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-www.netyield.com pages and other websites that you visit. You agree that NetYield is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such third-party products, services and websites.

ELECTRONIC COMMUNICATIONS

When you use any NetYield Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRIVACY

Please review our Privacy Policy, which also governs your use of NetYield Services, to understand our practices. Our Privacy Policy can be found at netyield.com/privacy.

PRODUCT DESCRIPTIONS

NetYield attempts to be as accurate as possible. NetYield does not warrant, however, that product descriptions or other content of any of the NetYield Services is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE NetYield SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NetYield SERVICES ARE PROVIDED BY NetYield ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NetYield MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NetYield SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NetYield SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NetYield SERVICES AND PRODUCTS IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NetYield DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NetYield DOES NOT WARRANT THAT THE NetYield SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NetYield SERVICES, NetYield’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NetYield ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NetYield WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NetYield SERVICE OR PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NetYield SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any NetYield Service through www.netyield.com will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, in Boston, Massachusetts. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any NetYield Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that may arise between you and NetYield.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACTING NetYield

If you have any questions or concerns about www.netyield.com or these Terms of Use, you can reach us through the following mailing address or email:

NetYield, Inc.
P.O. Box 1407
Plymouth, MA 02362

[email protected]

Last updated: February 26, 2018