Last Updated: January 2024
1. Introduction
Welcome to NMK AGHAPY LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.nmkaghapy.lol (the "Website") and all related services, features, content, and applications offered by the Company (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and NMK AGHAPY LLC.
2. Eligibility
You must be at least 18 years of age to use our Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Account and Registration
Certain features of our Services may require you to provide accurate and complete information. You agree to:
- Provide true, accurate, current, and complete information during registration or contact processes
- Maintain and promptly update your information to keep it true, accurate, current, and complete
- Maintain the security and confidentiality of your account credentials
- Accept all responsibility for activities that occur under your account
- Notify us immediately of any unauthorized use of your account or any other breach of security
4. Use of Services
4.1 Permitted Use
You may use our Services for lawful purposes only and in accordance with these Terms. You agree to use the Services only for their intended purpose and in compliance with all applicable federal, state, local, and international laws and regulations.
4.2 Prohibited Activities
You agree not to:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
5. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
6. User Content
Our Services may allow you to post, submit, publish, display, or transmit content or material (collectively, "User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.
By providing any User Content on the Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, consistent with these Terms and our Privacy Policy.
You represent and warrant that:
- You own or control all rights in and to the User Content that you post
- All User Content is accurate and not misleading
- User Content does not violate these Terms or any applicable law
7. Third-Party Links
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective 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 or your use of the Services.
11. Payment and Fees
Certain Services provided by NMK AGHAPY LLC may require payment. All fees and charges are non-refundable unless otherwise expressly stated. You agree to provide accurate and complete payment information and authorize us to charge your chosen payment method for all fees incurred.
We reserve the right to modify our pricing at any time. Any price changes will be communicated to you in advance and will not affect previously agreed-upon rates for ongoing services without your consent.
12. Service Availability
We do not guarantee that the Services will be available at all times or that access to the Services will be uninterrupted, timely, secure, or error-free. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
13. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.
The parties irrevocably agree that the courts of the State of Florida shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
14. Dispute Resolution
14.1 Informal Resolution
Before pursuing any formal legal action, you agree to first contact us and attempt to resolve any dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may pursue formal proceedings.
14.2 Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Orange County, Florida.
14.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. Termination
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.
17. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
18. Waiver
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, shall constitute the entire agreement between you and NMK AGHAPY LLC concerning the Services.
20. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including, without limitation, acts of God, flood, fire, earthquake, epidemics, pandemics, explosion, war, terrorism, invasion, riot, embargoes, blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law.
21. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us at:
NMK AGHAPY LLC
Address: 1545 Cedar Lake Dr, Orlando, FL 32824-5687, US
Email: info@nmkaghapy.lol
Website: www.nmkaghapy.lol