Last updated: March 19, 2023

Acceptance of Terms

By using the NAND Research, LLC (collectively with its subsidiaries and affiliates, “NAND”, “we”, “us”, or “our”) website, including any version of our website compatible with mobile devices (collectively, the “Site”) and service (“Service”), you signify that you have read, understand and agree to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to be bound by these Terms of Use, you are not permitted to use or access the Site or Service in any way.

Registration

The Site allows users to input information about the user as part of the Service. By accessing the Service, you agree to provide true, accurate, current, and complete information about yourself as prompted by any fillable form. If any information provided by you is untrue, inaccurate, not current, or incomplete, NAND may reject your registration and terminate your right to use the Service. You are responsible for all activities that occur during your use of the Service.

You agree that all information you provide during your use of the Site or Service is governed by NAND’s Privacy Policy (currently available at Privacy Policy) (the “Privacy Policy”), and you consent to all actions NAND takes with respect to your information consistent with the Privacy Policy.

If you choose or are provided with, a username, password, or any other piece of information as part of your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

NAND has the right to disable any username, password, or other identifiers, whether chosen by you or provided by NAND, at any time in NAND’s sole discretion for any or no reason, including if, in NAND’s opinion, you have violated any provision of these Terms of Use.

Site Access

NAND reserves the right to change or withdraw this Site, in its sole discretion without notice. NAND is not liable if for any reason all or any part of the Site is unavailable at any time or for any period.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively the “Content”), are owned by NAND and its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

“NAND” and other names used throughout the Site are trademarks of NAND. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Use of the Site and Service

The Site and Service are available for access and use solely by you for solely lawful purposes. You may use the Site and its Content for personal non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any Content or other subject matter that is displayed on or accessible through the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

The Content of the Site may include certain materials owned by third parties, including both private and government sources, and may be subject to terms and conditions in addition to these Terms of Use.

Information Privacy

NAND reserves the right, and you authorize NAND, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, which may change from time to time without prior notice, is a part of these Terms of Use.

Disclaimer of Liability

You agree that there is no confidential or any other special relationship that is or should be formed by use of the Site or information contained on the Site. NAND expressly denies liability and undertakes no responsibility for the conduct of organizations/partners or individuals that are listed on the Site.

THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. NAND MAKES NO GUARANTEE OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL NAND BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA, OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR SITE, EVEN IF NAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NAND AND YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAND THROUGH THE SITE WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL NAND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless NAND, its affiliates, licensors, and service providers, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Prohibited Uses

It is a condition of using the Site and Service that you do not:

(a) restrict or inhibit any other user from using or enjoying the Site or Service;

(b) use the Site or Service to post or transmit any unlawful, defamatory, obscene, vulgar, pornographic, profane or indecent content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(c) use the Site or Service to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(d) use the Site or Service to post or transmit any information, software, or other material that contains a virus or other harmful component; or

(e) use the Site or Service to post, transmit, or in any way exploit any information, software, or other material for commercial or advertising purposes.

Linking to the Site

Hyperlinks to the Site may not state or imply any NAND sponsorship or endorsement of another website, publication, or service. NAND’s Content may not be incorporated into another website, publication, or service without NAND’s prior written approval. You agree to cooperate with NAND in causing any unauthorized framing or linking to stop immediately. NAND reserves the right to withdraw linking permission without notice.

Links to Other Sites

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. NAND has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

Modification of Terms

NAND reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Changes to these Terms of Use will be posted on this page and will indicate at the top of this page the date these terms were last revised.

Continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

General Information

These Terms of Use constitute the entire agreement between you and NAND regarding the use of the Site, superseding any prior agreements between you and NAND regarding the use of the Site. The failure of NAND to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance.

ANY CONTROVERSY OR DISPUTE BETWEEN NAND RESEARCH, LLC AND YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR USE OF THE SITE THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA. ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT. YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE. THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT NAND MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION. ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THESE ARBITRATION TERMS, YOU MAY OPT-OUT OF SUCH ARBITRATION, BY SENDING A DETAILED OPT-OUT NOTICE TO THE COMPANY AT [email protected] SUCH NOTICE MUST BE RECEIVED WITHIN THIRTY (30) DAYS OF YOUR INITIAL USE OF THE SITE. YOUR NOTICE MUST INCLUDE YOUR NAME, YOUR USER NAME AND ACCOUNT, YOUR ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS ASSOCIATED WITH YOUR COMPANY ACCOUNT. You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.

Attorneys Fees. We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Service against you.

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use will continue in full force and effect. If any provision of these Terms of Use is deemed unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.