Terms of Use

Agreement

Thank you for visiting the Nevada Investment and TradeRevenue Opportunities (NITRO) Web Site (http://nitro.nv.gov)referred to herein as "NITRO Web Site". In return for gaining accessto the NITRO Web Site and its contents and/or using the NITRO Web Site, youagree to be bound, without limitation or qualification, by the terms set outbelow on this web page. These terms constitute a binding and enforceableagreement between you and the State of Nevada Office of Economic Development.Please carefully review this agreement before proceeding. If you do not intendto be legally bound by these terms and conditions, do not access or use theNITRO Web Site or its contents. The Office of Economic Development reserves theright to change the terms of this agreement and to change the content of theNITRO Web Site and to change its programs and projects at any time withoutnotice and without liability. By accessing or using theNITRO Web Site you agree to be bound prospectively to any such changes orrevisions without notice to you.

Copyright

The terms and conditions of this agreement include thecontent of the web page entitled "Copyright" (as may be amended fromtime to time. In return for gaining access to the NITRO Web Site and itscontents and/or using the NITRO Web Site, you agree to be bound, withoutlimitation or qualification, by the terms set out on that web page. Pleasereview the contents of that page and continue to update your review of thatpage over time to ensure you have the latest information on its contents.

Your Communication with Us and Information You Give to Us

Your communication with us and information you provide to usin connection with the NITRO Web Site are governed by the terms of the separateNITRO Privacy Statement.  Please review the Privacy Statementassociated with the NITRO Web Site before proceeding further.

While the State of Nevada takes reasonable steps tosafeguard and to prevent unauthorized access to your private information, wecannot be responsible for the acts of those who gain unauthorized access, andwe make no warranty, express, implied, or otherwise, that we will preventunauthorized access to your private information.

IN NO EVENT SHALL THE STATE OF NEVADA OFFICE OF ECONOMICDEVELOPMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, MEMBERS OR ITSAFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT,INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANYWAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION,REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY,TORT OR OTHER THEORIES OF LIABILITY.

Your Representations and Warranties to NITRO

By using the NITRO Web Site, you personally represent,warrant, certify and agree that you have the legal capacity and authority tobind yourself, and/or any entity which you may represent, in entering into thisagreement and any resulting or associated agreements related to NITRO programsor projects. You also personally represent, warrant and certify that theinformation you, or any entity you represent, provide to NITRO by means of theNITRO Web Site, or otherwise, is true, accurate and complete.

There are Limitations on Your Right to Use the NITRO Web Site

The State of Nevada Office of Economic Development providesthe NITRO Web Site solely to provide information on NITRO programs andservices, to allow requests for information about NITRO programs and services,to apply for participation in NITRO programs and services and to monitor statusof applications and projects for proper use by authorized program participantsunder the terms of this Agreement, and for no other purposes.

You agree that you will not misuse the NITRO Web Site."Misuse" includes, but is not limited to, using the NITRO Web Site todo any of the following:  

A.  Discriminate on the basis of race, color,national origin, sex, religion, age, disability, political beliefs, sexualorientation, or marital or family status.

B.  Distribute, disseminate, post, or publish anyinformation or material that degrades, embarrasses, harasses, humiliates,intimidates, or threatens any individual or group of individuals on the basisof their race, color, national origin, sex, religion, age, disability,political beliefs, sexual orientation, or marital or family status or any otherbasis protected by federal, state, or local law or ordinance.

C.  Abuse, defame, harass, stalk,threaten, or otherwise violate others' legal rights, including but not limitedto rights of privacy and publicity.

D.  Download or upload files that maydamage the operation of another's computer, such as computer viruses, corruptfiles, or similar software.

E.  Download or upload files thatcontain materials, including but not limited to software that violate theintellectual property, privacy, or publicity rights of others unless you own,control, or have been authorized to exercise such rights.

F.  Misrepresent or omit the origin orsource of any file you download or upload.

G.  Download or upload files that donot contain the posted proprietary language, author attributions, and/orcopyright, patent, or trademark notices.

H.  Distribute, disseminate, post, orpublish any indecent, infringing, obscene, or unlawful information or material.

I.   Engage in any purpose other thanone legitimately related to the business of NITRO.
J.  Download, upload, post, send, orotherwise disclose or distribute confidential information, trade secrets, orother confidential and/or protected proprietary data of any entity or person,including but not limited to NITRO, its members or any of their affiliates or any of the participants in their programs or projects.

K.  Download or upload files that youknow, or reasonably should know, cannot be legally distributed through theNITRO Web Site.

L.  Copy or create derivative worksfrom, display, distribute, license, perform, publish, recreate, reproduce,sell, transfer, or transmit any information, products, services, or softwareobtained by, from, or through the NITRO Web Site.

M.  Monitor or copy any content byusing any manual process, or any robot, spider, or other automatic device,without first obtaining the Office of Economic Development's prior writtenconsent.

N.  Act as an agent or attorney in factfor any person

O.  Take any action that will or couldimpose an unreasonable or disproportionately large load on our Web Siteinfrastructure.

P.  Access information about any personor entity protected by site log-in and post it on any other web site, with orwithout that person or entity's consent.

Q.  Utilize another person or entity'spassword or personal identification number during log-in, unless you are anemployee of that person or entity and acting with the full authority andpermission from that person or entity.

R.  Engage in any other conduct thatis, or that the Office of Economic Development deems to be, in conflict withthis agreement, NITRO's purposes or goals or the laws or regulations underwhich the State of Nevada operates.

No Warranty by NITRO

The NITRO Web Site may contain inaccuracies and/ortypographical errors. The Office of Economic Development may alter, change orimprove the NITRO Web Site at any time and without notice. The Office ofEconomic Development makes no representations or warranties as to the NITRO WebSite's completeness or accuracy, and makes no commitment to update the NITROWeb Site. The State of Nevada makes no representations about the NITRO WebSite's suitability for any purpose.

The State of Nevada neither warrants nor represents thatyour use of information or material on the NITRO Web Site will not infringeupon the intellectual property rights of third parties. The State of Nevadashall not be liable for any virus or other damage to your computer equipment orother property due to your accessing, browsing, or using the NITRO Web Site ordue to your downloading any audio, data, images, materials, pictures, text orvideo from the NITRO Web Site.

Links

The NITRO Web Site may provide hyperlinks or references toother web sites. While the Office of Economic Development endeavors to providelinks only to web sites that are reputable and safe, we take no responsibilityfor the information, products, or services obtained on such other web sites andwill not be liable for any damages arising from your access to such web sites.The Office of Economic Development provides any such links to other web sitesmerely for your convenience and our inclusion of such links and frames in theNITRO Web Site does not imply an endorsement of the linked or framed web sites,their content, or the persons or entities operating those web sites. Therefore,you assume sole responsibility for using links or pointers to third parties.

The State of Nevada specifically denies you permission tohyperlink or provide references to the NITRO Web Site, unless you are allowedto do so under permission from the Office of Economic Development. You are alsodenied permission to use any trademarked or copyrighted material to providesuch hyperlinks or references, unless you are allowed to do so under permissionfrom the Office of Economic Development. The State of Nevada bears noresponsibility for web sites that provide hyperlinks or references to the NITROWeb Site unless those web sites are operated by the State of Nevada.

Unsolicited Information or Proposals

WUSATA does not accept or consider unsolicited proposalsrelated to its business, including but not limited to proposals for advertisingcampaigns, logos, names, processes, products, promotions, services, slogans,and technologies. WUSATA therefore requests that you not send such proposals.Please also refrain from sending original creative artwork, blueprints,demonstratives, designs, layouts, photographs, or samples. WUSATA has adoptedthis policy to prevent claims that we have copied such unsolicited ideaswithout authorization, when, in fact, we developed the idea independent of, oreven long before, receiving the unsolicited proposal. If you do send usunsolicited proposals, then do so with the understanding that WUSATA may useany concepts, ideas, inventions, know-how, or techniques that you disclose inthose communications for any purpose, including the developing, manufacturing,and/or marketing of goods, products, or services. WUSATA may do so free of anyobligation to compensate you for that use.

Monitoring and Use of Web-Based Interactive Communications

The NITRO Web Site may provide you the ability tointeractively communicate with WUSATA and others. You may use these functionsonly for business purposes related to the NITRO Web Site. For quality assurancepurposes, WUSATA may monitor, record, and/or transcribe the contents of thesecommunications. By contacting WUSATA, you agree that the communication may bemonitored, recorded, and/or transcribed and you consent to the monitoring,recording, and/or transcribing. Such records may be kept indefinitely ordisposed of at our discretion.

WUSATA reserves the right to remove at will and withoutnotice any content on the NITRO Web Site, including anything recorded as aresult of any communication involving the NITRO Web Site. You understand thatany use by you of a communication format provided by the NITRO Web Siteconstitutes a public communication. You understand that the State of NevadaOffice of Economic Development owns any and all information or material thatyou provide via interactive communication. You agree that you waive all of therights you have to any information or material that you provide via interactivecommunication. The Office of Economic Development has the right to do whateverit wishes with that information or material, including but not limited todeleting or editing for any reason any interactive communication.

Jurisdiction

The provisions of this Agreement shall be governed by andinterpreted in accordance with the laws of the State of Nevada without regardto conflicts of law principles. The jurisdiction and venue for any litigation,arbitration or other legal proceeding involving, relating to or arising out ofthis Agreement shall lie exclusively in the state or federal court in Nevada.You agree and understand that you will not bring against NITRO or its members,or any of their affiliated entities, or any of their agents, directors,employees, and/or officers any class action lawsuit related to your access to,dealings with, or use of the NITRO Web Site.

Entire Agreement

This Agreement constitutes the entire agreement governingyour access to, dealings with, and use of the NITRO Web Site. Of course,separate agreements may attach to any goods, products, or services you obtain,purchase, or use from the NITRO Web Site or programs, projects or otheragreements you enter into as a result of your access to or use of the NITRO WebSite.

Severability

If any provision of this Agreement is found to be invalid orunenforceable, then the invalid or unenforceable provision will be strickenfrom this Agreement without affecting the validity or enforceability of anyother provision.