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Terms of Service

The following terms of service (these “Terms of Service”), govern your (“you” or “your”) access to and use of the NLC, LLC website https://nlc.com/ (the “Site”), including any content, functionality and services offered on or through the Site (“Services”) and any other media form, channel, mobile site or mobile application related, linked or otherwise connected to the Site provided by NLC, LLC, a limited liability company organized under the laws of the state of Oregon (“No Limit”).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, the Scope of Service, and Pricing Terms. You further acknowledge, you have read and understood our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

If you sign up for our Services on behalf of an organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms of Service; (ii) your use of the Services will bind that entity to these Terms of Service; and (iii) “you,” “your,” “Client-Added Users,” “Administrators,” “Account Owner” and “Client” in these Terms of Service will refer to both you (when applicable) and that entity (when applicable).

1. Client Accounts and Client Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Site, including account information, Client Materials, Client Feedback. No Limit shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against No Limit from any such loss or corruption.

2. Client-Added Users

Client can add users to its own account (“Client-Added User”). The creator of Client’s account is the account owner (“Account Owner”). Each Client account may have one or more people identified as administrators (each, an “Administrator”) by the Account Owner or another Administrator.  The Account Owner and Administrators can add, modify or remove Users from the Client account as well as manage their permissions and access to Client Materials and Completed Requests. If the Account Owner or Administrator adds a Client-Added User to a Client Account, the Client represents and warrants that the Administrator and Client have obtained all necessary consents from that person to be added. If Client enables account management services which allows employees, independent contractors, agents, or representatives to manage the Client account, Administrators, and Client-Added Users, Client represents and warrants that all such persons are authorized to do so on behalf of Client.

If you are a Client-Added User, the Administrator may control access to, delete, or re-assign ownership to the Client Materials you upload and requests you create on the account you access for Client. No Limit is not responsible or liable for any actions taken by Administrators, Client-Added Users, or Collaborators that are unauthorized by Client. It is the responsibility of the Administrators to ensure that Client-Added Users are assigned the appropriate permissions and that unauthorized Client-Added Users are removed from Client’s account. It is the responsibility of Client-Added Users to not upload Client Materials or create requests on the Client account if the Client-Added User does not want to potentially transfer ownership or disclose such Client Materials or Designs to others on the Client account.

3. Requests

You may use the Site to create as an unlimited number of requests (each a “Request” and collectively “Requests”), and as many active requests as allowed under the applicable subscription and as appropriate based on the scope of your subscription so long as your account is in good standing, i.e. you have paid your monthly subscription fee and have complied with the overall Terms of Service.

Only “In Progress” requests are counted in the queue as “Active.” The stated number of Active Requests will be the number of requests No Limit is working on at any one time. For example, if you have 2 Active Requests, No Limit will be working on 2 of the requests in your queue/list at one time. The limits of Active Requests are based on each subscription. If you need more volume at one time, you can add on multiple subscriptions.

Once an initial draft is sent for review for a Request, it is taken out of the active queue and a new design may be started. Requests marked “Reviewing” are also taken out of the active request list and will be considered “Revising” when the client provides feedback for changes. If you do not ask for any revisions on a Request for seven days or you select “Mark as Completed,” the Request will be considered a “Completed Request.”

No Limit accepts unlimited requests and revisions, however the volume and speed of turnarounds is determined by several factors including: (i) the working hours of the assigned designer, (ii) the number of subscriptions a client has iii) the type of subscription a client has; (iv) the number of requests a client makes; and (v) the complexity of requests. As these factors can fluctuate, No Limit makes no guarantee of a set amount of Requests that we can deliver with a single subscription.

When creating a new request, you will be required to fill out a brief, which includes information about your Request. It is your responsibility to ensure that you provide accurate and complete information in your brief. The more complete the brief is, the easier it is for No Limit to deliver high-quality work to suit your needs. For more details on how to set up briefs for the best results, please view our guide to Setting Up Briefs for Best Results. If the scope of your request changes during the design process, it is your responsibility to communicate any changes to the scope of your request to No Limit’s designers through the Feedback Tool.

Once you receive a draft from No Limit, you must carefully review each and every file you receive from No Limit to make sure it is sufficient for its intended use. If you find any errors or inaccuracies, it is your responsibility to ask for revisions. If you do not provide feedback on the files delivered to you, your Request may be marked Completed after seven days. Once a Request is marked Completed, any further revisions will be made at the sole discretion of No Limit.

This is especially important for Requests for print projects such as banners, book covers, booklets, brochures, business cards, flyers, letterhead, mailers, PDFs, packaging, postcards, rack cards, stickers, merchandise, coupons, etc. You should review your design files thoroughly before submitting a print order to your printing vendor. We also highly recommend doing a test print to ensure that all the elements of your design, including components like QR codes, are displayed with the clarity you require for their intended use. If you find any errors or inaccuracies, it is your responsibility to request revisions.

Each Request may have certain “Collaborators” who have access and authorization to modify the request, provide feedback, view project details, upload files, and download files from the Request. It is your responsibility to only add Collaborators who you want to have all of these permissions for each Request. No Limit is not responsible for any unauthorized actions taken by your Collaborators, including but not limited to modifications of the request, uploads of files, and downloads of files. It is the responsibility of the Administrators to ensure that Client-Added Users are assigned to the appropriate Requests and that unauthorized Client-Added Users are removed from Requests immediately.

4. Intellectual Property Rights

Unless otherwise indicated, the Site is the property of No Limit and all source code, databases, functionality, software, Site designs, audio, video, text, photographs and graphics of any nature and regardless of format, including all graphics and videos included in the Example Libraries on the Site (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos used in connection with the Site (the “Marks”) are owned and controlled by No Limit and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without No Limit’s express prior written permission. No Limit reserves all rights in the Site, Content and Marks.

5. Ownership of Materials

Notwithstanding No Limit’s ownership of Submissions, as described in Section 9 Client Feedback, all final design and original source files delivered to the Client for each Request (“Completed Request”) belong to Client, and Client shall be the sole owner of the copyright for the Completed Request.

In the event that any operation of law would cause No Limit to become the owner of a Completed Request, in whole or in part, rather than Client, No Limit irrevocably and perpetually assigns its entire interest in the Completed Request to Client, without limitation.

Client warrants that any and all materials provided to No Limit or obtained by No Limit at the direction of Client as examples or as material to be incorporated into a Project during the design process (“Client Materials”) are owned by Client or Client is authorized to use such Client Materials, and the Client Materials do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Client hereby grants to No Limit the limited, royalty-free, non-exclusive right and license display, host, copy, store and use the Client Materials as necessary to provide our Services through the Site. Client further grants to No Limit the limited, royalty-free, non-exclusive right and license to use, reproduce, distribute, or publicly display the Project on No Limit’s marketing materials and the Site in connection with marketing No Limit’s services.

No Limit warrants that any and all design and original source files created on Client’s behalf, excluding materials provided to No Limit by the Client or obtained by No Limit at the direction of Client, do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity.

6. Third-Party Fonts

In the event that any Completed Request incorporates fonts that are not owned by No Limit and require a commercial license for Client to legally reproduce, distribute, or publicly display the Completed Request (“Third-Party Font(s)”), No Limit will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Completed Request and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Completed Request. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.

So long as No Limit has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility and will indemnify No Limit for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Completed Request.

7. Stock Materials

In the course of providing our Services, we may use certain stock materials, including but not limited to images, graphics, music, video, illustrations, and animations (“Stock Materials”).  We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials (“Stock Materials”). Client does not own any copyright in any Stock Materials and Client may not sell, sublicense, assign, publish, reverse engineer, change, alter, adapt, translate, convert, modify, or make any derivative works of any Stock Materials. Client may not use the Stock Materials in any other manner than as part of the Completed Request.

In the event that any Completed Request incorporates Stock Materials that are not owned by No Limit and require a commercial license for Client to legally reproduce, distribute, or publicly display the Completed Request, No Limit will inform Client in writing that one or more Stock Materials have been incorporated into the Completed Request and that Client will need to purchase one or more licenses for the Stock Materials Fonts from the rights-holder(s) of said Stock Materials in order to legally reproduce, distribute, or publicly display the Completed Request. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.

So long as No Limit has informed Client of the incorporation of Stock Materials as described above, Client assumes all responsibility and will indemnify No Limit for any consequences as a result of a failure by Client to purchase one or more licenses for any Stock Materials incorporated into a Completed Request.

8. Resale of Completed Requests / Agency Clients

In the event that you wish to sell any of the Completed Requests you receive from No Limit through the Site (“Resold Requests”), you must advise your design team of this at the time you create your Request. If you and/or Client will not be the end-user of any given Request and you will be reselling the Request, you must advise your design team so that they can ensure that all elements of your the Completed Request has the appropriate licenses for all Third-Party Fonts and Stock Materials, and/or are created as custom designs for your commercial use (i.e. resale). It is Client’s responsibility to ensure that it transfers ownership and intellectual property rights for any Resold Requests to any appropriate third party.

9. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of No Limit and No Limit is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. No Limit shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Section 5 Ownership of Materials and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against No Limit for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

10. Marketplace Services and Third-Party Content

The Marketplace section of the Site offers access to third-party content, third-party products and services, and interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Availability of such content on the Marketplace does not amount to endorsement or verification by us, and No Limit does not endorse or sponsor the products, services, or other offerings by any professional, merchants, or other third party featured on the Marketplace. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted or offered by third-parties on the Marketplace. We do not control the linked websites, products or services, or the content provided through the Marketplace.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Your use and purchase of products and services through the Marketplace is subject to the privacy practices and terms of use or service established by the third-party provider of such products and services, and we disclaim all liability for such use. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

11. User Representations

By using the Site, Client represents and warrants that:

A. Client has provided true, accurate, complete and updated information to create and maintain Client’s account, the brief for each request, and feedback and comments for each request;

B. Client has the legal capacity and agrees to comply with these Terms of Service;

C. Client is not a minor in the jurisdiction of their domicile;

D. Client will not access the Site through automated or non-human means;

E. Client will not use the Site for any illegal or unauthorized purpose;

F. Client’s use of the Site will not violate any applicable law or regulation.

 

12. Prohibited Activities

Client shall not access or use the Site for any purpose other than that for which the Site is made available to the Client. The Site may not be used in connection with any commercial endeavors except those related to the work performed by No Limit on behalf of the Client. Further, Client shall not:


A. Make any unauthorized use of the Site;

B. Retrieve data or content for the purposes of creating or compiling a database or directory;

C. Circumvent, disable, or otherwise interfere with security-related features on the Site;

D. Engage in unauthorized framing or linking of the Site;

E. Trick, defraud or mislead No Limit or other users;

F. Create fraudulent accounts, fraudulent requests, or engage in any other fraudulent activity on the Site;

G. Interfere with, disrupt or create an undue burden on the Site or No Limit’s networks or servers;

H. Use the Site in an effort to compete with No Limit;

I. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;

J. Bypass any measures on the Site designed to prevent or restrict access to the Site or any portion thereof;

K. Harass, annoy, intimidate or threaten any of No Limit’s employees, independent contractors or agents providing services through the Site;

L. Delete the copyright or other rights notice from any Completed Requests or files provided to Client by No Limit;

M. Copy or adapt the Site’s software;

N. Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Site;

O. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;

P. Disparage, tarnish or otherwise harm No Limit or any other third-party;

Q. Use, copy, reproduce, distribute, publicly display, or sell Completed Requests or content from the Site that was not created for Client.

R. Use the Site in a manner inconsistent with any applicable laws, statutes or regulations.

 

13. Management and Oversight

No Limit reserves the right to monitor the Site for violations of these Terms of Service and to take appropriate legal action in response to a violation of the Terms of Service or any applicable law, statute or regulation. No Limit further reserves the right to restrict or deny access to the Site or disable the Client’s use of the Site. Such decision shall be in the sole discretion of No Limit, without notice or liability to Client. All decisions regarding the management of the Site shall be at the sole discretion of No Limit and shall be designed to protect No Limit’s rights and property.

14. Privacy Policy

By using the Site, Client agrees to be bound and abide by the Privacy Policy.

15. Age Restrictions

No Limit’s services are offered and available to users who are at least 18 years of age and of legal age to form a binding contract. No Limit does not knowingly accept or solicit information from individuals under the age of 18. Minors under 13 are not permitted to use the Site. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to No Limit without parental consent, No Limit shall delete that information as soon as reasonably practicable.

16. Billing

No Limit’s various subscription offerings are here. Your subscription will automatically renew on a monthly basis on the date of purchase. You can cancel your subscription at any time. Pricing may change from time to time. If you are a Client-Added User, the Administrator will be billed for and is responsible for payment of subscription fees associated with your Client Account.

17. Refund Policy

In the event a first time Client wishes to terminate its relationship with No Limit within the initial 14-days of purchasing a plan or package, Client shall provide No Limit with written notice of its intent to terminate and request for a refund (“Client’s Notice”) by emailing customer support at [email protected] or submitting a support ticket through the Support section of your Client account. Upon receipt of Client’s Notice by No Limit, No Limit shall cease all work to be performed on Client’s behalf and return Client’s first and only monthly installment payment remitted to No Limit.

In the event that you make a request for a refund beyond the initial 14-day period following the purchase of a plan or package or you selected, No Limit has the sole discretion to approve all refunds. In the event you selected a plan or package with a term greater than thirty (30) days, you may request a refund in an amount equal to one (1) monthly installment due under said plan or package. All refunds shall be transacted in the manner or with the currency or payment type used by Client to make such payment. Upon receipt of the refund by Client, any contractual or transactional relationship between the parties shall be of no further force or effect and shall be considered void and terminated. If you previously signed up for a subscription, closed your account, and received a refund, No Limit will not issue any further refunds on any future subscriptions. Exceptions may be made if you are a long-standing Client and you are unsatisfied with the quality of the work delivered by No Limit, however, you must submit a support ticket to request the refund and include a detailed description of the reasons you are unsatisfied with the work.

18. Termination/Denial of Access

Without limiting any other provisions, No Limit reserves the right to deny access to and use of the Site. Such denial shall be at No Limit’s sole discretion and without notice or liability to Client. Denial of access may be to any person and for any reason or for no reason, including without limitation for breach of any representation warranty or covenant contained in these Terms of Service or the Privacy Policy or any applicable law, statute or regulation. Upon termination or suspension, Client is thereafter prohibited from registering and creating a new account under any name or on behalf of any third party. No Limit reserves the right to take appropriate legal actions against Client for breach of this Section.

Any attempt to defraud the company through deceptive tactics such as using different names, emails, IPs or payment methods will result in immediate termination of your account and blacklisting future accounts created by you or your agents, employees, independent contractors, or affiliates on the Site. Refunds requested by fraudulent users will be denied.

Any attempt to communicate with any of No Limit’s employees, independent
contractors, or agents, if determined by No Limit in its sole discretion to be an
intentional attempt to bypass the Services or otherwise committed by you in bad faith, will result in immediate termination of your subscription without refund and blacklisting of future accounts created by you or your agents, employees, independent contractors, or affiliates on the Site.

19. Modification

No Limit reserves the right to change, alter, modify, amend or remove anything or any content on the Site for any reason at its sole discretion. No Limit reserves the right to modify or discontinue all or part of the Site without notice and without liability to Client.

No Limit reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting updated terms on our Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review the Site periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use the Site.

20. Connection Interruptions

No Limit does not guarantee or warrant the Site will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond No Limit’s control. Client agrees that No Limit shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Site during any interruption in the connection or Service.

21. Jurisdiction

The Site is hosted in the United States of America. Access to the Site from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Site and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States.

22. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law principles.

23. Litigation

Any legal action of whatever nature shall be brought in the state courts of Deschutes County, Oregon or in the United States District Court for the District of Oregon. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Service.

24. Disclaimer

The Site is provided on an as-is, as-available basis. Client agrees that its use of the Site and Services are at Client’s sole risk. No Limit disclaims all warranties, express or implied, in connection with the Site and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No Limit makes no warranties or representations about the accuracy or completeness of the Site or any Content thereon or Content of any Sites linked to the Site and No Limit assumes no liability for any errors, mistakes or inaccuracies of Content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of No Limit’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site by any third party and/or any errors or omissions in 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 through the Site. No Limit does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Site, a hyperlinked site or any site or mobile application featured in any advertising.

25. Limitations of Liability and Indemnification

IN NO EVENT WILL NO LIMIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Client agrees to defend, indemnify and hold harmless, No Limit and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors 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 Client’s: (1) use or misuse of the Site; (2) breach of these Terms of Service; (3) any breach of Client’s representations and warranties set forth herein; (4) violation—either directly or performed by No Limit at the direction of Client—of the rights of any third party, including but not limited to intellectual property rights; (5) modification of Completed Requests subsequent to delivery by No Limit; (6) use of Completed Requests outside the scope of the Request brief; (7) resale of Completed Requests without notifying No Limit that the Completed Request was intended to be resold; (8) actions that could be deemed as willful infringement of a third-party’s intellectual property rights; and (9) failure to notify No Limit of any third-party’s claims regarding a Completed Request. Notwithstanding the foregoing, No Limit reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify No Limit hereunder. Client agrees to cooperate with the defense of such claims.

No Limit agrees to defend, indemnify and hold harmless, Client and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party caused by (1) any breach of No Limit’s representations and warranties set forth herein; and (2) No Limit’s violation of the rights of any third party, including but not limited to intellectual property rights, not arising from materials provided to by Client or obtained by No Limit at the Client’s direction.

26. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from No Limit and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Site satisfy any legal requirement that such communication be in writing. Client hereby agrees 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 No Limit or through the Site. Client hereby waives 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.

27. Miscellaneous

These Terms of Service and any policies posted on the Site or regarding the Site constitute the entire agreement and understanding between the Client and No Limit. Failure of No Limit to enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Service but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Service, the Privacy Policy or on the Site shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and No Limit.

28. Contact Information

For any questions or complaints regarding the Site, please contact No Limit at:

NLC, LLC
[email protected]
231 SW Scalehouse Loop, Suite 201
Bend, OR 97702

29. Copyright Infringement Claims

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any of the Content violates your copyright or a related exclusive right, you should follow the process below. No Limit looks into reported violations and removes or disables Content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  • A short description of how our user(s) allegedly infringe(s) your copyright(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature
 

You can send your Notice to our designated DMCA / Copyright Claims Agent at:
NLC, LLC
Attention: IP Claims Agent
231 SW Scalehouse Loop, Suite 201
Bend, OR 97702

Alternatively you can submit the Notice electronically to [email protected].

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Counter-notification Procedures for Copyright Claims

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA / Copyright Claims agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

30. Trademark Infringement Claims

We take claims of trademark infringement seriously. We will respond to notices of alleged trademark infringement that comply with applicable law. If you believe any of the uploaded Content violates your trademark, you should follow the process below.

In order to allow us to review your report promptly and effectively, a trademark infringement notice should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights.
  • A short description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
  • Your electronic or physical signature
 

You can send your Notice to:
NLC, LLC
Attention: IP Claims Agent
231 SW Scalehouse Loop, Suite 201
Bend, OR 97702

Alternatively you can submit the Notice electronically to [email protected].

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

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