Website Terms and Conditions – Updated July 14, 2010.
As a condition of your use of the Site, you warrant to Diadem that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Diadem reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Diadem as a result of this agreement or use of the Site. Diadem’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Diadem’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NKCF with respect to such use.
Links to Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Diadem links, and that link to Diadem. Diadem does not have any control over those non-Diadem websites and webpages, and is not responsible for their contents or their use. By linking to a non-Diadem website or webpage, Diadem does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Diadem disclaims any responsibility for any harm resulting from your use of non-Diadem websites and webpages.
This Agreement does not transfer from Diadem to you any Diadem or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Diadem. Diadem International, the Diadem logo, and all other trademarks, service marks, graphics and logos used in connection with Diadem, or the Website are trademarks or registered trademarks of Diadem. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Diadem or third-party trademarks.
General Representation and Warranty
You agree to indemnify and hold harmless Diadem, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Diadem and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Diadem, or by the posting by Diadem of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A.