Terms and conditions of use
This web site ("Site") is owned and operated by NRG Beyond Measure, Inc. Please feel free to browse this Site; however, your access to, and use of, this Site is subject to the following terms and conditions of use ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions.
Materials within these web pages, including all text, photography and images, are copyrighted and are either owned or licensed by NRG Beyond Measure, Inc. The Site itself as a compilation is © NRG Beyond Measure, Inc 2004-2005. All rights reserved.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain inaccuracies or typographical errors.
1. Use of Materials
This Site contains material which is protected by international copyright and trademark laws. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that, unless otherwise specified on the Site with respect to particular materials, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep completely intact and unmodified all copyright and other proprietary notices. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a violation of NRG Beyond Measure, Inc or its licensors' copyright, trademark and other proprietary rights and is expressly prohibited without the prior written consent of NRG Beyond Measure, Inc. NRG Beyond Measure, Inc shall not be liable for any errors or delays in the Materials or presentation thereof, or for any actions taken in reliance thereon. NRG Beyond Measure, Inc reserves all legal rights and remedies available to it.
2. Limitation of Liability and Disclaimer of Warranty
YOUR USE AND BROWSING OF THIS SITE AND THE MATERIALS ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. EXCLUSIVE RESORTS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. EXCLUSIVE RESORTS ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.
NEITHER NRG Beyond Measure, INC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
3. Intellectual Property
NRG Beyond Measure, Inc the bird design logo and Access Brilliance, Achieve Results are trademarks of NRG Beyond Measure, Inc and its affiliates. Other trademarks, logos and marks used on the Site are owned by their respective owners and licensors. You are not authorized to use any name, logo or mark in any advertising, publicity or in any other commercial manner without the prior written consent of NRG Beyond Measure, Inc or other respective owner of such name, logo or mark.
4. Links to Third Party Materials
NRG Beyond Measure, Inc may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of NRG Beyond Measure, Inc and the owners of such Links are not affiliated with NRG Beyond Measure, Inc and do not necessarily sponsor or endorse this Site. NRG Beyond Measure, Inc has not tested or verified the content, accuracy or opinions expressed on any Links and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links.
You agree to indemnify NRG Beyond Measure, Inc and to hold NRG Beyond Measure, Inc harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this Site.
7. Governing Law; Jurisdiction; Venue
This Agreement shall be construed solely in accordance with the internal laws of the State of New York and the United States, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in the City and County of Nassau, New York and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
NRG Beyond Measure, Inc may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions.
10. Contact Information
For general inquiries about the Site, you may contact NRG Beyond Measure, Inc at:
NRG Beyond Measure, Inc