We have established websites, web portals and certain applications (collectively “Portal”) for our clients, dealers, partners, technicians and other authorized users (collectively “User”) to permit access and data exchange for one or more Programs in which one or more of the Nobilis Group of Companies is involved. The Portal is owned and operated by the Nobilis Group of companies (collectively “Nobilis,” “Our,” “Us” or “We”) and may be accessed through Our website or one of Our proprietary applications by authorized Users. We also host certain web applications that run on the Nobilis platform and that may be provided by Us or by third parties (“Applications”).
All data, content, information and materials that may be found at and which comprise the Portal, Our website or any Application, including, but not limited to, customer information, account information, user information, claim information, staffing, pricing, margins, costs, and financial information, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Nobilis, its affiliates or third parties who have licensed such materials and content to Nobilis.
All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of Nobilis and/or its affiliates. Use of the Portal, any Application or our website in no way grants User any rights or licenses to use such marks, logos, names or trade dress.
As used herein, “Nobilis” shall mean and refer to any one or more of the following: Nobilis Group, Inc., Nobilis Administrative Services, Inc., Nobilis Administrators, Inc., NG Administrative Services, Inc., Nobilis Agency, Inc., DZAF, Inc., NanoCure Protective Coatings, Inc. and PDR LINX, Inc. The protections, disclaimers and limitations contained herein shall apply to each entity listed herein as a Nobilis company, and each of their officers, directors and subsidiary companies.
USE OF PORTAL and APPLICATIONS
a. License. Subject to this Agreement, Nobilis agrees to provide User access to Program features, including the ability to upload and edit customer information and data, where applicable, through the Portal, its website and Applications. Nobilis hereby grants to User a limited, nontransferable, nonexclusive license for the term of this Agreement to access and use the Portal, the Applications and the software used by Nobilis through the Portal and in the Applications solely to access and upload customer data and information as authorized by the applicable Program. User may display and print for its own use information and data received via the Portal or Applications that pertains to User and its business with Nobilis. In the event User ceases to be a client, dealer, technician or partner of Nobilis, User shall immediately cease using the Portal and all Applications, and the license shall immediately terminate.
b. Restrictions on Use. User shall not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content on the Portal, any Application or Portal/Application software, (ii) alter or permit a third party to alter any part of the Content, website(s) Portal, any Application or Portal/Application software; (iii) access or use any Content, information or materials of any third party available at the Portal or through any Application; (iv) use or permit the use of the Portal, website(s), Application, Content or Portal/Application software except for the User’s access to its own customer information; (v) distribute copies of information, materials or Content found on the Portal, website(s) or any Application in any form (including by e-mail or other electronic means), without prior written permission of Nobilis, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal and/or Application software.
c. Claims, Consumer and User Data. User agrees that it is solely responsible for the accuracy of any and all information input by User or provided to Nobilis for use in conjunction with any Program for use through the Portal or other Application (the “Data”). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. By uploading or providing Data, User represents and warrants: (a) that User has the requisite authority and authorization to upload or provide such Data; (b) that all Data is accurate, genuine and not in fraud or violation of the rights of any consumer or third party; (c) that transmission of the Data does not violate or infringe any intellectual property right or privacy right of any third party, and (d) does not contain malicious software, spyware, adware or malware of any kind.
d. Passwords. User is solely responsible for all use of its account, Portal and Application, and for maintaining the confidentiality of all applicable passwords, Data and information. Sharing of passwords and account numbers and information is at User’s own risk. User is responsible for the security of all Data saved to, or downloaded from, the Portal or through any Application.
e. Device and Usage Data. As is true of most websites, we gather certain information automatically in connection with the use of the website, the Portal and Applications by individual users. This information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files viewed, searches, operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve our websites, Portal and Applications and to guarantee their security and continued proper functioning. In addition, we gather certain information automatically as part of your use of the cloud products and services that access or use our websites, Portal and Applications. This information is used to maintain the security of the services, to provide necessary functionality, as well as to improve performance of the services, to assess and improve customer and user experience of the services, to review compliance with applicable usage terms, to identify future opportunities for development of the services, to assess capacity requirements, to identify customer opportunities and for security.
Nobilis has taken reasonable efforts to ensure that the Content contained on the Portal and accessible through our Applications is accurate. However, all Content is provided “AS IS,” and Nobilis does not warrant and makes no representation that Content provided on the Portal or accessible through our Applications is accurate, appropriate or applicable for use in locations within or outside of the United States.
Without limiting the foregoing, Nobilis further disclaims and does not represent or warrant the following:
That the website, Portal or Application (as appropriate) will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing therein will be corrected.
Liability or responsibility or damage as to the correctness, completeness, reliability or accuracy in the representation of each and every aspect of each Program and/or the services provided thereby.
Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any Content contained on the Portal or accessible through any Application, or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on the Portal or any Application.
Liability or responsibility to any person, firm or corporation for any loss, damage, injury, claim or liability of any kind or character based on or resulting from any Data or Content contained on the Portal or through any Application, or the accidental release of such Data or Content.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
a. NOBILIS AND ITS AFFILLIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. NOBILIS DOES NOT WARRANT THAT THE WEBSITE, PORTAL OR APPLICATION IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE WEBSITE, PORTAL AND ANY APPLICATION MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE WEBSITE, PORTAL OR APPLICATION IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
b. UNDER NO CIRCUMSTANCES SHALL NOBILIS OR ITS AFFILIATES BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF NOBILIS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.