Terms of Use

Welcome to ntiupstream.com. This Web Site and its contents, unless otherwise indicated, are the property of NTI Upstream (NTI) and are protected, without limitation, by U.S. and foreign copyright, intellectual property, and trademark laws.

NTI has created this website for your personal enjoyment and education. However, you are only authorized to access this website or to use the materials contained in the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and NTI. Please read these Terms of Use carefully and save them. By using this website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should leave this website immediately and do not use the ntiupstream.com website. Any questions or comments regarding, or problems with, this website should be sent to info@ntiupstream.com.

NTI reserves the right to modify or amend these Terms of Use at any time and without notice by updating this posting and you agree to be bound by such revision, modification or amendment. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Material at this site is provided for lawful information and education purposes. Material from this site may not be copied, distributed, republished, uploaded, posted or transmitted in any shape, manner or form without the specific prior written consent of NTI, except as expressly permitted in this section. Modification or use of the materials at this site for any other purpose shall be construed as a violation of NTI's intellectual property rights.

The Site contains material that is derived in whole or in part from material supplied by NTI and other sources, and is protected by U.S. and international copyright, intellectual property, and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the 'Materials') may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of NTI's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other website or networked computer environment without NTI's express written consent is prohibited.

If you become aware of misuse of this website by any person, please contact the website Administrator with your concerns.

Under no circumstances shall NTI or its employees be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if NTI has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your use and browsing of the website is at your risk. If you are dissatisfied with any of the Materials contained in the website, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.

USE OF MATERIALS CONTAINED ON THIS SITE

If you download software that may be available at this site, the software, including any files, images or audio, contained in or generated by the software, and accompanying data (collectively 'the Software') is deemed to be licensed to you by NTI. Neither title nor any intellectual property rights to any material at this site, including but not limited to Software, are transferred to you. All material at this site remains the exclusive property of NTI, who owns full and complete title, unless otherwise indicated. You may not resell, decompile, reverse engineer, disassemble, or otherwise obtain from NTI for any commercial use of any material provided at this site. Please forward any requests in writing to NTI Upstream, 2066 NW Irving Street, Suite 1, Portland, OR, 97209.

In certain areas of this website, you may be permitted to submit remarks, suggestions, ideas, images, or other information to NTI ('Submission'). All Submissions will forever be the property of NTI. Under no circumstances will NTI be required to treat any Submission as confidential. Further, NTI is not and will not be liable under any circumstances for its use of any Submission in its business or as a result of any similarities to any Submission that may appear in future business of NTI. Without limitation, NTI has and will have exclusive ownership of all rights to Submissions of every kind and nature, everywhere. NTI is and will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Your ability to post Submissions on this website is governed by these Terms of Use. You acknowledge that you are totally responsible for whatever you submit, and you, and not NTI, have full responsibility for such material, including its legality, reliability, appropriateness, originality, and copyright.

SHOPPING

IN NO EVENT SHALL NTI, AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, NTI shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. NTI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, NTI will issue a credit to your credit card account in the amount of the charge.
Users are not permitted to upload, transmit, distribute or otherwise publish through this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

LIMITATION OF LIABILITY

The material in this site could include technical inaccuracies or typographical errors. NTI may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NTI DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NTI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NTI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NTI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.NTI WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. NTI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIAL AT THIS SITE, EVEN IF THERE IS NEGLIGENCE BY NTI. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NTI’S TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (INCLUDING WITHOUT LIMITATION, IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

LINKED SITES

NTI has provided links with other internet sites that are maintained by third parties. NTI is not responsible for and makes no representations regarding the content or the practices of such third party sites. The existence of any link to such sites does not imply endorsement, affiliation or sponsorship of those sites with NTI. These Terms of Use apply solely to the NTI website and you should always review the terms and conditions of any website that you access through a link from this website.

SOCIAL MEDIA

NTI Upstream maintains a social media presence in order to educate the community and share research-based information. By posting content on any of NTI’s social media channels, users accept these Terms of Use.

For purposes of these Terms of Use, a social media platform is a website or application offered to the public that provides communication by other members of the public and/or representatives of certain groups. Examples of social media platforms include Facebook, Twitter, TikTok, YouTube, and Instagram.

The definition of content as used in these Terms of Use refers to any written copy, photos, graphics, videos, live-video streams, comments or any form of communicative content made by parties.

NTI’s social media platforms are intended to be free of inappropriate content. At times, NTI uses platform-provided content moderation/filtering options to limit foul, obscene, or inappropriate content. NTI monitors the social media platform accounts it maintains and will remove inappropriate content as defined below without prior notice and as soon as possible. NTI reserves the right to remove and/or block any person or entity that posts inappropriate material as determined and/or defined by NTI and at its discretion. This material includes, but is not limited to:

Comments not related to the original topic;
Profane, obscene, or pornographic content and/or language;
Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin;
Defamatory or personal attacks;
Threats to any person or organization;
Solicitation of commerce, including but not limited to advertising of any business or product for sale. This includes other online pages or organizations asking for donations.
Conduct in violation of any federal, state or local law;
Encouragement of illegal activity;
Information that may tend to compromise the safety or security of the public or public systems;
Content that violates a legal ownership interest, such as a copyright, of any party;
Harassment or content that constitutes and/or facilitates stalking;
Content that violates the right to privacy;
Encouragement of violence;
Repetitive content;
Content derived from disreputable sources, as determined by NTI;
Content based in misinformation, as determined by NTI;
Content that lacks scientific validity and/or lacks scientifically valid data-driven results, as determined by NTI.

All content on all of NTI’s social media channels are bound by the rules, regulations, and standards of each respective channel. NTI reserves the right report any violations of channel rules to the respective channel, with the intent of said channel taking responsive action and it sees fit.

NTI does not in any way endorse or recommend individuals, products or services that may be discussed on its social media channels. NTI specifically disclaims all liability for claims or damages that may result from any posts and/or content posted on NTI’s social media channels. NTI accepts no responsibility for the opinions and information posted on NTI’s social media channels, and such opinions do not necessarily reflect the policies of NTI. In no event shall NTI be liable to its social media followers, customers, clients, affiliates, etc., or anyone else who engages with the content on its social media channels.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless NTI and all of its employees, agents and subsidiaries, from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by NTI directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.

OTHER

This site is controlled and operated by NTI from its office in the State of Illinois, United States of America. NTI makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms of Use is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities at the sole discretion of NTI.

PRIVACY

Please review our Privacy Policy, which also governs your visit to ntiupstream.com, to understand our practices.

COPYRIGHT AND TRADEMARK NOTICES

All content of this website is copyrighted © 2018 by NTI Upstream and/or its suppliers, unless otherwise noted. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of this website. We and our suppliers own the title, copyright, and other intellectual property rights in the software or content. NTI Upstream, NTI Upstream and Design, and/or other NTI Upstream products or services referenced herein may also be either trademarks or registered trademarks of NTI Upstream in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Contact information for NTI Upstream's Copyright Claims for Notice of claims of copyright infringement on the Site is below:

Please respect the rights of artists and creators. Content such as music, photos, images, graphics and video may be protected by copyright. People appearing in content may have a right to control use of their respective image(s). You may not share other people's content unless you own the rights or have permission from the owner of those rights.

Last Modified January 4, 2018.