Terms & Conditions

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and nmcbw.com (“we,” “us” or “our”), concerning your access to and use of the nmcbw.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing nmcbw.com, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using nmcbw.com and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on nmcbw.com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of nmcbw.com after the date such revised Terms and Conditions are posted.

The information provided on nmcbw.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access nmcbw.com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms and conditions were generated by Xmarketplace. Nmcbw.com is intended for users who are at least 18 years old.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, nmcbw.com is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on nmcbw.com (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on nmcbw.com “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of nmcbw.com and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use nmcbw.com, you are granted a limited license to access and use nmcbw.com and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to nmcbw.com, the Content and the Marks.

USER REPRESENTATIONS

By using nmcbw.com, you represent and warrant that:

1. (1) All registration information you submit will be true, accurate, and current.
2. (2) You have the legal capacity and you agree to comply with these Terms and Conditions.
3. (3) You are not under the age of 18;
4. (4) You are not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use nmcbw.com];
5. (5) You will not access nmcbw.com through automated or non-human means, whether through a bot, script, or otherwise;
6. (6) You will not use nmcbw.com for any illegal or unauthorized purpose;
7. (7) Your use of nmcbw.com will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, , we have the right to suspend or terminate your account and refuse any and all current or future use of nmcbw.com (or any portion thereof).

USER REGISTRATION

You are required to register with nmcbw.comnmcbw.com. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use nmcbw.comnmcbw.com for any purpose other than that for which we make nmcbw.com available. nmcbw.com may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of nmcbw.com, you agree not to:

1. 1. Systematically retrieve data or other content from nmcbw.com to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. 2. Make any unauthorized use of nmcbw.com, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. 3. Use a buying agent or purchasing agent to make purchases on nmcbw.com.
4. 4. Use nmcbw.com to advertise or offer to sell goods and services.
5. 5. Circumvent, disable, or otherwise interfere with security-related features of nmcbw.com, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of nmcbw.com and/or the Content contained therein.
6. 6. Engage in unauthorized framing of or linking to nmcbw.com.
7. 7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. 8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. 9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. 10.Interfere with, disrupt, or create an undue burden on nmcbw.com or the networks or services connected to nmcbw.com.
11. 11. Attempt to impersonate another user or person or use the username of another user.
12. 12. Sell or otherwise transfer your profile.
13. 13. Use any information obtained from nmcbw.com in order to harass, abuse, or harm another person.
14. 14. Use nmcbw.com as part of any effort to compete with us or otherwise use nmcbw.com and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. 15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of nmcbw.com.
16. 16. Attempt to bypass any measures of nmcbw.com designed to prevent or restrict access to nmcbw.com, or any portion of nmcbw.com.
17. 17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of nmcbw.com to you.
18. 18. Delete the copyright or other proprietary rights notice from any Content.
19. 19. Copy or adapt nmcbw.com’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. 20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of nmcbw.com or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of nmcbw.com.
21. 21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. 22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses nmcbw.com, or using or launching any unauthorized script or other software.
23. 23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or nmcbw.com.
24. 24. Use nmcbw.com in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

Nmcbw.com may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on nmcbw.com, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of nmcbw.com and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. 1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. 2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, nmcbw.com, and other users of nmcbw.com to use your Contributions in any manner contemplated by nmcbw.com and these Terms and Conditions.
3. 3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by nmcbw.com and these Terms and Conditions.
4. 4. your Contributions are not false, inaccurate, or misleading.
5. 5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. 6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. 7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. 8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. 9. your Contributions do not violate any applicable law, regulation, or rule.
10. 10. your Contributions do not violate the privacy or publicity rights of any third party.
11. 11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. 12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. 13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. 14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of nmcbw.com in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use nmcbw.com.

CONTRIBUTION LICENSE

By posting your Contributions to any part of nmcbw.com you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on nmcbw.com.

You are solely responsible for your Contributions to nmcbw.com and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on nmcbw.com; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on nmcbw.com to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. (1) you should have firsthand experience with the person/entity being reviewed;
2. (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. (4) your reviews should not contain references to illegal activity;
5. (5) you should not be affiliated with competitors if posting negative reviews;
6. (6) you should not make any conclusions as to the legality of conduct;
7. (7) you may not post any false or misleading statements;
8. (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access nmcbw.com via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not:

1. (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
9. (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access nmcbw.com:

1. (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions;
2. (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
3. (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
4. (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
5. (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
6. 6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding nmcbw.com (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

Nmcbw.com may contain (or you may be sent via nmcbw.com) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through nmcbw.com or any Third-Party Content posted on, available through, or installed from nmcbw.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave nmcbw.com and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from nmcbw.com or relating to any applications you use or install from nmcbw.com. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of nmcbw.com, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on nmcbw.com and any services provided on nmcbw.com or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on nmcbw.com, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. (1) monitor nmcbw.com for violations of these Terms and Conditions;
2. (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
3. (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. (4) in our sole discretion and without limitation, notice, or liability, to remove from nmcbw.com or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. (5) otherwise manage nmcbw.com in a manner designed to protect our rights and property and to facilitate the proper functioning of nmcbw.com.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using nmcbw.com, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised nmcbw.com is hosted in Australia.

If you access nmcbw.com from the Africa, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of nmcbw.com, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through nmcbw.com infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by nmcbw.com infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use nmcbw.com. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF nmcbw.com (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN nmcbw.com OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of nmcbw.com at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of nmcbw.com without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of nmcbw.com.

We cannot guarantee nmcbw.com will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to nmcbw.com, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify nmcbw.com at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use nmcbw.com during any downtime or discontinuance of nmcbw.com.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support nmcbw.com or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of nmcbw.com are governed by and construed in accordance with the laws of the State of Victoria applicable to agreements made and to be entirely performed within the Commonwealth of Australia without regard to its conflict of law principles.

CORRECTIONS

There may be information on nmcbw.com that contains typographical errors, inaccuracies, or omissions that may relate to nmcbw.com, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on nmcbw.com at any time, without prior notice.

DISCLAIMER

nmcbw.com IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF nmcbw.com AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH nmcbw.com AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF nmcbw.com’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO nmcbw.com AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF nmcbw.com, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM nmcbw.com, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH nmcbw.com BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA nmcbw.com. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH nmcbw.com, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WELIMITATIONS OF LIABILITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF nmcbw.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of nmcbw.com; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of nmcbw.com with whom you connected via nmcbw.com.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to nmcbw.com for the purpose of managing nmcbw.com, as well as data relating to your use of nmcbw.com. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using nmcbw.com.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting nmcbw.com, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on nmcbw.com, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA nmcbw.com.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on nmcbw.com constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of nmcbw.com. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding nmcbw.com or to receive further information regarding use of nmcbw.com, please contact us at: mycpdbw@vakahealthfoundation.org

Nmcbw.com Privacy Policy

Last updated 20 March 2022

INTRODUCTION

Nmcbw.com (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website nmcbw.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data

Personally identifiable information, such as your first name, , email address, and telephone number, and demographic information, such as your medical information including diagnosis, medicines, medical specialists and your cultural identity that you voluntarily give to us when you register with nmcbw.com or when you choose to participate in various activities related to the nmcbw.com, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of nmcbw.com.

Derivative Data

Information our servers automatically collect when you access the nmcbw.com, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing nmcbw.com. [If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

Mobile Application Information

If you connect using our mobile application:

1. • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
2. • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, social media accounts, storage,] and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
3. • Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
4. • Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via nmcbw.comto:

1. • Assist law enforcement and respond to subpoena.
2. • Email you regarding your account or order.
3. • Enable user-to-user communications.
4. • Generate a personal profile about you to make future visits to nmcbw.com more personalized.
5. • Increase the efficiency and operation of nmcbw.com
6. • Monitor and analyze usage and trends to improve your experience with nmcbw.com
7. • Notify you of updates to nmcbw.com
8. • Offer new products, services, [mobile applications,] and/or recommendations to you.
9. • Perform other business activities as needed.
10. • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
11. • Request feedback and contact you about your use of nmcbw.com
12. • Resolve disputes and troubleshoot problems
13. • Respond to product and customer service requests
14. • Send you a newsletter.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Interactions with Other Users

If you interact with other users of nmcbw.com those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings

When you post comments, contributions or other content to nmcbw.com your posts may be viewed by all users and may be publicly distributed outside nmcbw.com in perpetuity.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

 

Refund and Return Policy

 

At XMarketPlace, we strive to provide you with a seamless and satisfying shopping experience. We understand that occasionally, you may need to return or refund a purchase. Our policy is designed to be fair and transparent, taking inspiration from leading online marketplaces.

 

1. Eligibility for Refunds and Returns:

You may request a refund or return within 30 days of your purchase. To be eligible, the item must be unused, in its original packaging, and in the same condition as when received.

 

2. Initiation of Return:

To initiate a return or refund, please contact our customer support team within the stipulated 30-day period. Our team will guide you through the process and provide any necessary assistance.

 

3. Return Shipping:

In all cases, the cost of return shipping will be the responsibility of the customer. Your responsibility is to drop the item at the nearest xmarketplace franchise or delivery pick-up point.

 

4. Inspection and Processing:

Once we receive the returned item, our team will inspect its condition. If it meets the criteria, we will process your refund or exchange within 7 business days. Refunds will be issued using the original payment method.

 

5. Exceptions

Certain items, such as personalized or intimate goods, may not be eligible for return due to hygiene or customization reasons. Additionally, digital products, gift cards, and downloadable software are non-refundable.

 

6. Open Communication:

We encourage open communication throughout the process. If you encounter any issues or have questions about your return, please reach out to our customer support team.

We aim to create a policy that protects both our customers and our business. Our goal is to make the return and refund process as hassle-free as possible, while ensuring fairness and transparency.

Thank you for choosing XMarketPlace. We're here to make your shopping experience enjoyable and worry-free. If you have any inquiries about our refund and return policy, feel free to reach out to our dedicated support team.

 

TRACKING TECHNOLOGIES

 

Cookies and Web Beacons

 

We may use cookies, web beacons, tracking pixels, and other tracking technologies on nmcbw.com to help customize nmcbw.com and improve your experience. When you access nmcbw.com your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of nmcbw.com. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

 

Website Analytics

 

We may also partner with selected third-party vendors[, such as [Adobe Analytics,] [Clicktale,] [Clicky,] [Cloudfare,] [Crazy Egg,] [Flurry Analytics,] [Google Analytics,] [Heap Analytics,] [Inspectlet,] [Kissmetrics,] [Mixpanel,] [Piwik,] and others], to allow tracking technologies and remarketing services on the Site [and our mobile application] through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site [and our mobile application], determine the popularity of certain content and better understand online activity. By accessing the Site [,our mobile application,], you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

 

THIRD-PARTY WEBSITES

 

nmcbw.com may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave nmcbw.com any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from nmcbw.com.

 

SECURITY OF YOUR INFORMATION

 

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

OPTIONS REGARDING YOUR INFORMATION

 

[Account Information]

 

You may at any time review or change the information in your account or terminate your account by:

1. • Logging into your account settings and updating your account
2. • Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

 

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

1. • Noting your preferences at the time you register your account with nmcbw.com.
2. • Logging into your account settings and updating your preferences.
3. • Contacting us using the contact information provided below.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

 

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

 

mycpdbw@vakahealthfoundation.org