Terms of Service

Terms of Service

The Terms of Service written on this webpage shall manage your use of our Website, NEST ICU, which provides the Service. NEST ICU, accessible at https://nesticu.com/ is owned and operated by Black Cloud Media, an assumed business name (ABN) of Page One Power Properties, LLC, an Idaho limited liability company.

These Terms will be applied fully and affect your use of this Website. By using this Website, you are agreeing to accept and be bound by all terms and conditions written here, as well as applicable laws and regulations. You must not use this Website if you disagree with any of these standard Terms of Service. 

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

The materials contained in this website are protected by applicable copyright and trademark law.

Other than the content you own, under these Terms, NEST ICU and/or its licensors own all the intellectual property rights and materials contained in this Website.

The word mark ‘NEST ICU’ is an official trademark registered with the United States Patent and Trademark Office (registration number 6179534) and owned by Page One Power Properties, LLC. Unauthorized use of the name, trademark, logos, or related branded materials is strictly prohibited without prior authorization in writing. Violators will be prosecuted.

Use License

You are granted a limited use license only for purposes of viewing the material contained on this Website.

Permission is granted to temporarily download one copy of the materials (information or software) on NEST ICU website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on NEST ICU website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by NEST ICU at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and Painting Medical may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Terms of Service, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant NEST ICU a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third party’s rights. NEST ICU reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read our Privacy Policy, our Cookie Policy, and our Affiliate Disclosure.

No Warranties Disclaimer

The materials on NEST ICU website are provided on an ‘as is’ basis with all faults. NEST ICU expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of Liability

In no event shall NEST ICU, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on NEST ICU website, even if Painting Medical or an Painting Medical authorized representative has been notified orally or in writing of the possibility of such damage.

In no event shall Page One Power Properties, LLC, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Page One Power Properties, LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Accuracy of Materials

Further, NEST ICU does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

The materials appearing on NEST ICU website could include technical, typographical, or photographic errors. NEST ICU does not warrant that any of the materials on its website are accurate, complete or current. NEST ICU may make changes to the materials contained on its website at any time without notice. However, NEST ICU does not make any commitment to update the materials.

Links

NEST ICU has not reviewed all of the sites linked to its website and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by NEST ICU of the site. Use of any such linked website is at the user’s own risk.

Indemnification

You hereby indemnify to the fullest extent NEST ICU and Page One Power Properties, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

NEST ICU is permitted to revise these Terms of Service for its Website at any time without notice as it sees fit. By using this Website, you are agreeing to be bound by the then current version of these Terms of Service. By using this Website, you are expected to review these Terms on a regular basis.

Assignment

NEST ICU is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between NEST ICU and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Idaho in the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Idaho, United States of America for the resolution of any disputes.

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