This World Wide Web site with its home page in the domain "nestgrp.com" (the "Website") is a complimentary information service offered by The Nest Group, Inc. ("Nestgrp ") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Nestgrp reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Do no use the Website if you do not agree to all of the following terms and conditions.
2. You acknowledge that the information on the Website is provided "as is" for general information only. Nestgrp makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
3. You agree that you will hold harmless Nestgrp and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Nestgrp or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
4. You acknowledge that opinions and recommendations contained in this Website are not necessarily those of the Nestgrp or endorsed by Nestgrp.
5. Nestgrp may provide links on the Website to other websites which are not under the control of Nestgrp. In general, any website which has an address (or URL) which does not contain "nestgrp.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Nestgrp of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
6. You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked "Nest Group," (b) the link must "point" to the URL "http://www.nestgrp.com" and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Nestgrp's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Nestgrp is associated with or sponsored by Nestgrp, (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website, and (f) Nestgrp reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by Nestgrp.
7. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Nestgrp, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Nestgrp 's prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Nestgrp.
8. This Website (excluding linked sites) is controlled by Nestgrp which is headquartered in the State of Massachusetts, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing this Website both you and Nestgrp agree that the statutes and laws of the State of Massachusetts, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and The Nest Group also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Worcester County, Massachusetts and the United States District Court for Eastern Massachusetts with respect to such matters. Nestgrp makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
9. The mark, The Nest Group, Inc. is an unregistered common law trademark of The Nest Group, Inc..
10. Automatic Information : The Company receives and stores certain types of information, for example, whenever a User searches the site for information or a product. As the User navigates the Site, their activity is recorded (User sessions, accessed pages, downloads, etc) including information regarding browser types and versions, operating systems and platforms. This information is not personally identifable and is only used to continually improve the Site, the Company's service and products.
11. Each User of this Site acknowledges and agrees that he or she is doing so in a business, professional or academic capacity, and accepts that by accessing this Site, they are subject to Nestgrp's Terms and Conditions of Use, which may be modified by Nestgrp from time to time and posted on this Site.
In order to process the User's requests (eg for literature, technical bulletins, posters, presentations and trial product samples), Nestgrp collects personal data such as names, company names, addresses and phone, fax and email information when voluntarily submitted by the User. Upon receipt of this information, the Nestgrp stores this information in a secure database. None of this information is sold to third parties, although on occasion this information may be used for Public Service Announcements for academic or scientific discussion groups.
If a User chooses not to provide certain information, then the Nestgrp might not allow the User to take advantage of what the Site has to offer. Full contact information including a valid company email address are required before your instructions are carried out. The Nestgrp uses the information provided by Users to fulfil instructions for information requested, to send out relevant marketing communications, and to allow us to improve the Site (monitor how the site is used and to determine the profile of our customers).
Data is used for the purposes specified by the User where the User provided it, e.g. opting-in to receive regular e-mail communications from Nestgrp.
At any time, the User can stop us from sending out marketing communications by informing the list master. of this request.
Thank you for your patience. We hope you find the Nest Group Website to be helpful and convenient to use! Questions or comments regarding the Nest Group Website should be directed by electronic mail. For More Information Call 1-800-347-6378, 508-481-6223 or e-mail us at firstname.lastname@example.org . Our postal address is:
The Nest Group, Inc. 45 Valley Road Southborough, MA 01772-1306For more information or if you have problems or comments concerning our WWW service, please send e-mail to Amos Heckendorf, webmaster.
Last Updated: 03/18/04