Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE (“TERMS”), DO NOT USE THIS WEBSITE. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO NEOS.

License

The NEOS Site is a copyrighted work belonging to NEOS. You may not use, reproduce, display, modify, adapt, distribute or transmit the materials posted on the Site except as permitted under these Terms. NEOS retains all right, title and interest in and to all content materials displayed on or accessible through the Site, and all intellectual property rights related thereto. Nothing contained in these Terms shall be construed as conferring any license or intellectual property right by implication, estoppel or otherwise, and all other rights are expressly reserved.
Disclaimers

UNLESS OTHERWISE EXPRESSLY SPECIFIED BY AGREEMENT OR ON THIS SITE WITH RESPECT TO A SPECIFIC PRODUCT OR SERVICE, THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEOS DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SITE, MATERIALS, PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES , IN WHICH CASE ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM SCOPE AND PERIOD PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT SHALL NEOS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, OR THE MATERIALS AND CONTENT POSTED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF NEOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEOS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE USE OF THIS SITE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSIVE OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless NEOS and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Accuracy of Content and Pricing Information

Because prices, product descriptions and service availability can change quickly, NEOS does not warrant the accuracy and completeness of the materials provided on the Site. NEOS may make changes to the materials, products and services offered on this Site, or to the products and prices described in them, at any time without notice. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Information at this Site may be periodically updated, but NEOS is under no obligation to update any information on the Site. Thus, information on the Site may not be current and complete at the time you visit this Site, and may contain errors or inaccuracies. In no event shall NEOS or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. Any reliance on the material on the Site is at your own risk.

Changes and Modifications

NEOS reserves the right from time to time to establish or modify the Terms hereunder by updating this posting. By using or accessing the Site subsequent to the posting of any change to these Terms, you agree to be bound by any such revisions and should thus periodically visit this page of the Site to examine the then-current Terms by which you are bound.

NEOS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that NEOS will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

Privacy Policy and Data Security

The terms and conditions of NEOS’ Privacy Policy are incorporated herein by reference and can be viewed by clicking here. This Site is intended for use by persons over the age of 13. NEOS does not seek to collect information about children under the age of 13. No information should be submitted or posted to this Site by users under 13 years of age. NEOS does not guarantee the security of any information transmitted to or from the Site.

You understand and agree to assume the security risk for any information you provide using the Site.

Mailings

By submitting your name, email address, and any other personal information to NEOS, you hereby grant NEOS, subject to NEOS’ Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about NEOS products, services and news (“Mailings”). These Terms shall apply to all such Mailings.

Links to Other Websites

Links, if any, on this Site to third-party Sites are provided solely as a convenience to you. If you use these links, you will leave this Site. NEOS does not control these parties or their website content and the inclusion of any link does not imply any endorsement or representation about them. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk.

Notice

If you have any questions about these Terms or our Privacy Policy, you may contact us at: 6210 Stoneridge Mall Road, Suite 450, Pleasanton, CA 94588 USA.

General

You may not use or export or re-export the materials, products 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. If any of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining Terms hereof shall be unaffected and remain in full force and effect. You may also be subject to additional terms and conditions that may apply when you purchase products or services, participate in a sweepstakes, contest or other promotion, or use or download software. The failure of NEOS to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms shall be commenced exclusively in state or federal court in Harris County, Texas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

Privacy Policy

Your privacy is very important to us. NEOS provides this “Privacy Policy” to inform you about our policy and our practices regarding the collection and use of information about visitors to our web site. This Privacy Policy applies only to the information that NEOS may collect online from visitors to the NEOS website. NEOS reserves the right to modify its Privacy Policy at any time.

Non-Personal Information

We may collect non-personal information about each visitor to our site, including basic information about your computer and your connection, the type of browser used to access our site, your IP address, the site from which you came, the pages you visit in the NEOS Site, a date/time stamp, and how much time you spend on the Site. We may use this information for general research on our visitors and how they access and use our Site to improve our Site.

We may also use cookies to collect information which allows us to track the interests and preferences of our visitors. We may use both session cookies, which terminate as soon as the visitor closes his or her browser, and persistent cookies, which are small files that remain stored on the visitor’s hard drive for longer periods of time and which may be removed by following the browser’s help instructions. Cookies are not tied to any personal or personally identifiable information.

Personal Information

We do not collect any personal information about visitors who browse our website. However, if you choose to contact us through our website, we can collect your contact information. Though we make every effort to preserve user privacy, we may also need to disclose personal information when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on the Site. We may disclose personal information in order to establish or exercise our legal rights or defend against legal claims. We may also share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

Children

Children (persons under the age of 18) are not eligible to use the Site unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.

Opt-out

You may opt-out of having your information used for any uses not directly related to our site. If you choose not to receive any of our communications, you may opt out by contacting us at the following email address: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Third-Party Advertising

We do not have any special partnerships or arrangements with any third-party ad-server companies.

Business Transitions

In the event that NEOS goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, the personal information of our visitors may be shared or transferred. Visitors will be notified via a prominent notice on our web site for 30 days after a change of ownership or control of NEOS of the transfer of their personal information if the intended use of their personal information will be contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of NEOS to transfer all or part of its business and/or assets (including the Site), for any purposes, without any limitation whatsoever. NEOS specifically reserves the right to transfer or share a copy of personally identifiable information collected from the Site to the buyer of that portion of its business relating to that information.

Nevertheless, when disclosing any personal information via the Internet, there is always the risk that your information may be intercepted without our consent and, consequently, can be collected and used by others without your consent.

You hereby acknowledge that NEOS is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner

Changes to the Policy

NEOS may amend and update this policy at any time, and will post any changes to the policy on its website so that visitors are always aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed. All changes will be deemed effective 30 days after they are initially posted on the Site.