Please read these Terms and Conditions of Use carefully.
Our website (Site) and its related products and services are provided subject to your compliance with the Terms and Conditions (Terms) specified below. Your continued use of our Site will indicate your agreement to be bound by these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT OUR SITE. WE APPRECIATE YOUR COOPERATION.
Use of Site. The information contained in our Site is offered solely for your consideration and is subject to your verification. It is not to be taken as a warranty or representation for which Nidus Development LLC, Luthuli Management Company LLC and any of their parents, subsidiaries, affiliates, or related companies (collectively “Nidus Development”) assume legal responsibility, nor does Nidus Development grant permission to use or practice anything contained therein or recommend such use or practice.
The contents of this Site may be viewed and accessed only for your personal, non-commercial use provided that you retain all copyright and other proprietary notices contained in the original materials or on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted or otherwise used except as provided herein without the express prior written permission of Nidus Development.
For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. All product and service names, regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of one or more of the entities comprising Nidus Development or its licensors unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.
If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. Nidus Development also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms.
Use of Software. Your use, installation or downloading of software from this Site (Software) indicates your acceptance of and is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If no such Software License Agreement accompanies or is provided with the Software, then you agree that you accept a limited, non-exclusive, non-transferable license to use the Software “as is” solely for your own internal purposes in relation to your use of this Site and that your use of the Software is subject to the following provisions: (1) you shall not translate, disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one copy for back-up or archival purposes only); (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation to any other person or entity; and (3) THE LICENSOR DISCLAIMS (AND YOU ACCEPT THE SOFTWARE WITHOUT) ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
Use of Information and Materials. The information and materials contained in these pages are subject to change. Not all services or products are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such services and products and the provision of such services is not an obligation of or guaranteed by Nidus Development.
The Site has been designed to provide general information about Nidus Development and real estate development. These pages are not intended to provide investment or any other type of advice. Nidus Development shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the user's own risk.
Links To Other websites. Links to third-party websites on this Site are provided solely as a convenience to you. Please note that Nidus Development is not responsible for the content or activities associated with any website or entity that is linked to this Site. If you use these links, you will leave this Site. Nidus Development has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Nidus Development does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
Disclaimer And Limitation Of Liability. NEITHER NIDUS DEVELOPMENT , THE MEMBERS, PARTNERS AND/OR AFFILIATES THEREOF NOR ANY THIRD PARTIES MENTIONED AT THIS SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF USER'S ACCESS, USE OR INABILITY TO USE THE NIDUS DEVELOPMENT WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER NIDUS DEVELOPMENT, THE MEMBERS, PARTNERS AND/OR AFFILIATES THEREOF NOR ANY THIRD PARTIES MENTIONED AT THIS SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL HAVE ANY LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THEIR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND THEIR CONTROL, IN PROCURING, COMPILING OR DELIVERING INFORMATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION.
Nidus Development further does not warrant the accuracy and completeness of the content at this Site. Nidus Development may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date, and Nidus Development makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country.
Applicable Laws. This Site is administered by Nidus Development from its offices in Amherst, New York, and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of New York without giving effect to any principles of conflicts of laws. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Erie County, New York, for any dispute with Nidus Development or its employees, contractors, officers, directors, managers, partners, members and content providers.
Nidus Development makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Note: Anyone linking to Nidus Development’s website must comply with all applicable Nidus Development Guidelines and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in meta tags and/or hidden text as trademark infringement, and treat the use of these terms in page text, meta tags and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.
User Submissions. Any material, information or other communication you transmit or post to this Site or which is otherwise received from you (including, without limitation, visitor record data or addresses, postings, and messages) will be considered non-confidential and non-proprietary. Nidus Development e will have no obligations with respect to such communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene and pornographic or other material that would violate any law, and you further agree to indemnify Nidus Development for any such posting of materials by you in violation of this agreement.
General. Nidus Development may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Dated December 2012