Terms of Service

Last modified: September 21, 2018

1. CONTACTS

Address technical questions related to the Terms of Service outlined below or comments about the Nagoo & Associates web site to info@nagoo-associates.com. For other communications, direct as indicated in the following paragraphs.

2. WELCOME TO NAGOO & ASSOCIATES

Thanks for using our products and services (referred to as "Services"). The Services are provided by Nagoo & Associates, LLC (referred to as "Nagoo & Associates", "us" or "we") via the following website at http://www.nagoo-associates.com on the principles set out in this Terms of Service document. Please read them carefully. BY USING THIS WEBSITE AND/OR COMPLETING ANY SIGNUP PROCESS, YOU ARE AGREEING TO THESE TERMS AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. Our Services are varied, so sometimes additional terms or service requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

3. USING OUR SERVICES

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You must not modify or change the purpose and use of our Services. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Nagoo & Associates is prohibited. Unauthorized lending, sale, granting of further licenses and sub-licenses to our Services by you without written consent of Nagoo & Associates is prohibited. Such acts are not deemed to be the proper use of services. Prior written consent of Nagoo & Associates is also required for any not-permitted business and non-business use of our Services. Such consent is required in particular when disseminating and publicizing particular elements (e.g., photos, texts) in other internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

4. PRIVACY POLICY

Our privacy policies (noted below) explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Nagoo & Associates can use such data in accordance with our privacy policies.

5. COPYRIGHT AND TRADEMARK

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this website is protected by copyrights, trademarks or other proprietary rights and laws, and is the sole property of Nagoo & Associates.

All text, images, graphics, animation, videos, and other materials provide on or through this website are subject to the copyright and other intellectual property rights of Nagoo & Associates. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Nagoo & Associates. Nagoo & Associates has rights to intangible assets in the form of a graphic project of offered services, website layout as well as to all company signs, symbols and trademarks used within our scope of business activity. These assets are protected respectively by: an act dated 4th February 1994 - Copyright and Neighboring Rights an act dated 16th April 1993 - Combating of Unfair Competition an act dated 30th June 2000 - Industrial Property Rights European Union Law and other binding international agreements. All of our Services which constitute specific works, are our exclusive property and are covered by an act on copyright and neighboring rights. Our website addresses as well as their contents and layouts are protected by the aforesaid acts. Any unauthorized use of the materials appearing on this website may violate copyright laws and could result in criminal or civil penalties. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached at info@nagoo-associates.com. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

The marks appearing on this website including, but not limited to: (i) the Nagoo & Associates logo and slogan and (ii) other marks such as MAPe are trademarks that legally represent our Services. Additionally, the Nagoo & Associates slogan is a trademark registered in the United States Patent and Trademark Office and is therefore subject to national as well as international protection. Nothing in these Terms of Service grants you any right to use any trademark, logo, and/or the name of Nagoo & Associates, LLC.

6. SERVICES DESCRIPTION

Nagoo & Associates provides analytical tools to improve your multiphase flow predictions. These tools may be in the form of Services, including, but not limited to: software service subscription plans, software files and software training. The use of any new Services available on this website, after the user has accepted the Terms of Service shall be subject to its provisions. Nagoo & Associates is exclusively entitled to decide on contents, functionality, the use, subject matter and the range of particular Services as well as to cease rendering these services. Nagoo & Associates is exclusively authorized to freely add, change or remove particular Services.

Fees for our various Services may be obtained by contacting us at info@nagoo-associates.com. You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer and modem and your own Internet access (including payment of telephone Service Fees associated with such access). You understand and agree that temporary interruptions of the Services available through this website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the Services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

7. ABOUT SOFTWARE IN OUR SERVICES

You may need to submit your email and other information in order to use some of our Services. By submitting your information on this website, you agree that all information provided in the submission process is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. The information we obtain through your use of this site is subject to our privacy policy.

We offer an annual subscription service plan that includes the continued use of the MAPe Engine feature within our Excel or text interfaces and email software support. One subscription is only valid for one year from the start of your subscription on one computer that you own or operate and you must not use or permit the usage of one subscription on several computers or computer terminals by way of ASP/terminal services/web clients or other remote connection unless additional subscriptions are purchased.

The MAPe Engine feature within our Excel or text interfaces requires online activation in order to use it. If you do not activate this feature, you will not be able to run simulations. You are required to enter personal information during online activation. You need an active, functional internet connection to activate your Engine. Your Engine is bound to the computer(s) you used to complete activation. You may need to reactivate your Engine after replacing the logic board of your computer or otherwise changing the hardware and/or operating system configuration of your computer. You may need to contact Nagoo & Associates to complete reactivation. Every Engine client must be unique and, therefore, you may not submit duplicate email for your online activation.

8. PAYMENTS

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For charges for services available through this website, we will invoice and bill your payment center. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information and to provide us with any changes in such information within Thirty (30) days of the change. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

9. REFUND AND CANCELLATION POLICY

Our refund policies (noted below) explain the terms and conditions governing refunds and cancellations of our offered Services.

10. OUR WARRANTIES AND DISCLAIMERS

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NAGOO & ASSOCIATES DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN OUR SERVICES, THE SPECIFIC FUNCTIONS OF OUR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THIS WEBSITE AND THE SERVICES UNDER THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NAGOO & ASSOCIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NAGOO & ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT SERVICES UNDER THIS WEBSITE ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. NAGOO & ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE STRONGLY RECOMMEND THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.

Nagoo & Associates reserves the sole right to either change any and all content contained on this website or discontinue the website, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of new fee-based services. Any new features that augment or enhance the then-current Services on this site shall also be subject to these Terms of Service.

References to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Nagoo & Associates.

This website may contain links to third party websites that are not owned or controlled by Nagoo & Associates. Nagoo & Associates has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the website or any hyperlinked website or included in any banner, advertising or other promotional material, and you agree that the purchase or use of any third party product or service is solely your choice and at your own risk. Access to any third party website from this website is likewise your choice and at your own risk and Nagoo & Associates shall assume no responsibility for the content, privacy policies, or practices of any such third party websites. In particular, we make no warranty regarding any transactions executed through, or in connection with this website, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this website from a third party is provided solely by such third party, and not by us.

Nagoo & Associates operates this website from various locations and makes no representation that it is appropriate or available for use in all locations. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. LIABILITY OF OUR SERVICES

IN NO EVENT SHALL NAGOO & ASSOCIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE SERVICES CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NAGOO & ASSOCIATES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE OUR SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, NAGOO & ASSOCIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Nagoo & Associates and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

12. ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Nagoo & Associates and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

By accessing or activating software or placing orders under this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and by all applicable laws and regulations, including U.S. Export Control laws and regulations. No software from this website may be downloaded or exported (a) into (or to a resident of) any country which the United States has embargoed goods or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any software or Service on this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Visitors who do not agree with these Terms of Service should not access or place orders through this website.

All disputes arising in connection with these terms shall be primarily resolved amicably. All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of the registered agent's office for Nagoo & Associates in the State of Texas, United States of America. The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us must be instituted with six (6) months after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Service. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this website, or use of or access to this website.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through this website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.