Terms of Use

Introduction

This website (“Website”) is operated by [Nightwing corporate entity] and/or its affiliates, subsidiaries, and/or parent companies (collectively, “Nightwing”). Nightwing is pleased to provide this Website, including all information, software, tools, products, and services available from or in connection with this Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting the Website, you acknowledge that you have read and agree to be bound by the following terms and conditions (the “Terms”). The Terms apply to all users of the Website, including without limitations, users who are browsers, vendors, customers, merchants, and/or contributors of information or content.

Limited License

Subject to the Terms set forth herein and all applicable local laws and regulations, Nightwing grants you a non-exclusive, non-transferable, personal, limited right to access, use and display this Website and its contents. This license is not a transfer of title to the Website and materials contained herein, and is subject to the following restrictions: (1) you must retain, on all copies of the Website and its contents, all copyright and other proprietary notices; and (2) you may not modify the Website or its contents in any way or reproduce or publicly display, perform or distribute or otherwise use the Website and its contents for any public or commercial purpose, except as otherwise specifically permitted herein.

Unauthorized Use

You agree that all use of the Website will be in compliance with all applicable laws and regulations and you will not use, or knowingly allow any other person to use, the Website for or in connection with any illegal purpose of activity. You agree that you will not use any hardware or software intended to damage or interfere with the proper working of the Website or to interrupt any system, data or personal information from the Website.

Disclaimer, Limitation of Liability

THE INFORMATION PRESENTED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. NIGHTWING MAKES THIS WEBSITE AND ITS CONTENTS AVAILABLE ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. NIGHTWING DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. IN ADDITION, NIGHTWING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. YOU AGREE THAT NIGHTWING HAS NO EXPRESS OR IMPLIED DUTY TO UPDATE THE CONTENT OF THE WEBSITE. NEITHER NIGHTWING NOR ANY OF ITS SUBSIDIARIES, EMPLOYEES OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL NIGHTWING HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR COSTS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND ANY CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF THIS WEBSITE OR ITS CONTENTS OR ANY LINKED WEBSITE, REGARDLESS OF WHETHER NIGHTWING HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING ITS CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS. YOU MAY TERMINATE YOUR ACCESS TO THE WEBSITE FOR ANY REASON WITH OR WITHOUT PRIOR NOTICE AND LIKEWISE NIGHTWING MAY TERMINATE AND FURTHER BAR YOUR ACCESS TO OR UTILIZATION OF THE WEBSITE WITHOUT PRIOR NOTICE AND WITH NO LIABILITY ON THE PART OF NIGHTWING.

Indemnification

Without limitation of Nightwing's other rights and remedies, you agree to indemnify and hold harmless Nightwing from any claim, liability, loss, damage, cost, or expense (including, without limitation, reasonable attorney's fees) arising out of or related to your use of the Website, including any material accessed or made available using the Website, any actions taken by you in connection with use of the Website, any violation of any third party's rights or violation of law or regulation, or any breach of the Terms.

Changes

All content contained herein is subject to change without notice. Nightwing reserves the right to change or modify the Terms applicable to the use of this Website at any time. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Website. Any use of the Website after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

Nightwing may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Nightwing may also impose limits on certain features and services or restrict your access to parts of the Website without notice or liability.

Hyperlinks

Certain links provided on this Website will launch Internet sites that are not under the control of Nightwing. Nightwing provides these outside links solely as a convenience to its users, and the provision of any such link is not an endorsement by Nightwing of that site or any of the contents, products or services contained or offered therein. Accordingly, Nightwing makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.

If you order, purchase, or otherwise gain access to products, services or information from any party which is linked to this Website, you may be entering into an agreement with that third party, and your access to such third party site is subject to such third party site's terms of use and Nightwing'. In these cases, you should review and understand the terms and conditions posted by such third party and its privacy policy before you register, order or purchase. Except to the extent specifically stated herein, the privacy policy and terms of use stated by Nightwing herein will not apply. Nightwing is committed to linking with companies that share our privacy concerns. However, we cannot and do not control the way these parties use or collect information or operate their businesses.

When you link to another party's site, you should be aware that those sites may use cookies or other means to collect information about you. In this case, the third party's site's terms of use will apply, not the Nightwing.us privacy policy and terms.

Submissions

By submitting information and material to Nightwing, whether via email or otherwise, including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, you thereby expressly warrant that the owner of such material has expressly granted Nightwing a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to the Nightwing.us Statement of User Privacy.

International Users, Jurisdiction, and Dispute Resolution

This Website is maintained and controlled by Nightwing in the State of Connecticut, United States of America. Nightwing makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United States and access to this Website from territories where this Website's contents are illegal is prohibited. If you access this Website from locations outside the United States, you are responsible for compliance with all local laws. The laws of the State of Connecticut shall govern the content and use of this Website, without giving effect to any of the conflict of law principles or rules thereof. Furthermore, all disputes, actions, claims or proceedings relating to the Terms are governed by the laws of [Connecticut] and must be brought in the federal or state courts in [Connecticut], regardless of the location of the parties. You irrevocably consent to the exclusive jurisdiction and venue of those courts. All disputes, actions, claims or proceedings arising out of the Website or its Terms shall proceed solely on an individual, not class action or representative basis, and no right or remedy of Nightwing's shall be exclusive of any other, whether at law or in equity, including without limitations damages, injunctive relief, attorneys' fees, and expenses.

Copyright And Trademark

All content on this Website, including but not limited to designs, text, graphics, images, logos, button icons, pictures, video and audio content, interfaces, code and software, and the selection and arrangement of such content, is the property of Nightwing, its affiliates and licensors, and is protected by U.S. copyright laws. The contents of the Website constitute a collective work under U.S. copyright laws. Copyright ©2024 Nightwing Corporation. All rights reserved.

All trademarks, trade names, trade dress, logos, brand names, and services marks of Nightwing, whether registered or unregistered, are the property of Nightwing and protected by U.S. trademark laws, including but not limited to Nightwing. All rights reserved.

Non-Waiver and Severability

No failure of Nightwing to enforce any of its rights under the Terms will act as a waiver of such rights and, if any of the provisions of the Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).