Welcome to the nPhase, LLC website at www.nphase.com and www.nphasem2m.com  ("Website").  This Website is maintained as a service to our customers.  By using this Website, you agree to comply with and be bound by the following terms and conditions of use.  Please review these terms and conditions carefully.  If you do not agree to these terms and conditions, you do not have the right to access this Website or use this Website or its contents in any way.  The terms "nPhase," "we," "us," and "our" refer to nPhase, LLC and all of its affiliates and "you" and "your" refers to you, as a user of this Website.

1. Agreement.  These terms and conditions of use (collectively with any amendments or modifications made to these terms and conditions of use, this "Agreement") specifies the terms and conditions for your access to and use of this Website.  We may modify this Agreement at any time by posting a modified agreement on this Website and any such modifications shall be effective immediately.  Each use of this Website by you shall constitute and be deemed as your unconditional acceptance of this Agreement and acknowledgement of our Privacy Policy as described below.

2. Privacy.  We reserve the right, and you authorize us, to use and assign all information received by us from you in any manner consistent with our Privacy Policy.  For our Privacy Policy, please click here.

3. Your Password.   We may choose to provide you with a password that will enable you to access this Website or certain portions of this Website. You are responsible for keeping any such password information confidential. If you allow someone else to use your password, you are responsible for all activities of that person using your password.

4. Ownership.  All content included on this Website is and shall continue to be the property of nPhase or our content suppliers and is protected under applicable copyright, patent, trademark and other proprietary rights.  Any copying, redistribution, use or publication by you of any such content or any part of this Website is prohibited, except as expressly permitted in this Agreement.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

5. Trademarks.  "nPhase" and related logos and other nPhase marks used in connection with this Website are the trademarks, service marks and/or trade dress, as applicable, of nPhase, LLC.  Other product and company names mentioned on this Website may be trademarks of their respective owners.

6. Intended Audience.  This Website is intended for adults and not intended for children under the age of 13.

7. Website Use.  We hereby grant you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  You agree not to copy materials, content or any other information on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any state or federal law. 

8. Third-Party Links.  This Website may be linked to other sites on the World Wide Web that are not under the control of or maintained by nPhase.  Such links do not constitute an endorsement by nPhase of any such sites. You acknowledge that nPhase is providing these links to you solely as a convenience to you.  nPhase is not responsible for the content or links displayed on such sites to which you may be linked.  nPhase does not endorse or make any representations about these websites, or any information, materials, or products found thereon.  If you access any of the third-party websites linked on this Website, you do so at your own risk.
 
9. Third-Party Materials on the Website.  This Website may contain materials submitted by third-parties.  Any such materials are provided solely as a convenience to you.  nPhase has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof.  If you use any of the third-party materials, you do so at your own risk. 

10. Inaccuracies on the Website.  Your use of the Website is at your own risk.  The Website may include inaccuracies or errors that may affect the quality of the information provided on the Website and a possibility exists that unauthorized additions, deletions and alterations have been made to the Website by unauthorized third-parties.  The information has not been independently verified or authenticated in whole or in part by nPhase.  Although nPhase attempts to ensure the integrity of the Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website.  In the event that such an inaccuracy arises, please inform us so that it may be corrected. 

11. Indemnification.  You agree to indemnify, defend and hold harmless nPhase, its officers, directors, members, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys' fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement or any applicable state or federal law or (b) use of the Website.

12. Disclaimer.  THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  NPHASE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUR OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.  YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.  NPHASE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NPHASE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND. 

13. Limitation of Liability.  UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. Severability.  If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Assignment.  nPhase has the right to assign or delegate this Agreement, in whole or in part, at any time.  You have no right to assign, transfer, loan, give away, encumber or disclose your password or any right given to you under this Agreement at any time.

16. Termination.  We reserve the right, in our sole discretion, to terminate this Agreement and your access to the Website at any time, with or without notice, for any reason.

17. Contact Information.  How to contact us:
nPhase, LLC
5355 Mira Sorrento Place
San Diego, CA 92121
312.577.1650
Webmaster@nphase.com

© Copyright 2009 nPhase, LLC.  All rights reserved.