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| 1. OWNERSHIP,
LICENSE & RESTRICTIONS ON USE |
1.1 All right, title and interest (including
all copyrights, trademarks and other intellectual
property rights) in this Site belongs to Nivis.
In addition, the names, images, pictures, logos
and icons identifying Nivis' products and services
are proprietary marks of Nivis and/or its subsidiaries
or affiliates. The names of other companies
and other products identified or displayed on
this Site may be the trademarks of their respective
owners. Except as expressly provided below,
nothing contained herein shall be construed
as conferring any license or right, by implication,
estoppels or otherwise, under copyright, trademark
or other intellectual property rights.
1.2 You are hereby granted a non-exclusive,
non-transferable, limited license to view this
Site, and to download and/or print insignificant
portions of materials retrieved from this Site
provided (a) it is used only for informational,
non-commercial purposes, and (b) you do not
remove or obscure the copyright or other notices.
Except as expressly provided above, no part
of this Site may be altered, changed, adapted,
reproduced, republished, copied, transmitted,
or distributed in any form or by any means,
without the express written permission of Nivis.
Use, duplication, or disclosure by or for the
United States Government is subject to the restrictions
set forth in DFARS 252.227-7013 (c)(1)(ii) and
FAR 52.227-19.
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| 2. LINKS TO THIRD
PARTY SITES |
Nivis may provide links to third party web
sites to help you identify and locate other
Internet resources that may be of interest,
and are not intended to state or imply that
Nivis sponsors, endorses, is affiliated or associated
with, or is legally authorized to use any trade
name, registered trademark, logo, legal or official
seal, or copyrighted symbol that may be reflected
on that third party web site. Nivis does not
assume any responsibility for the (i) content
of, (ii) technology implemented by, (iii) products
or services on, or (iv) privacy practices of
third party sites and all use is at your own
risk. |
| 3. PRIVACY |
Although Nivis may monitor the Site and your
use of it, the information it gathers from such
activities is used, retained, reviewed, and
disclosed for our own business purposes. Typically
the types of information Nivis may gather include:
(1) information given voluntarily while using
a feature of this Site, for example, during
a registration process; (2) information gathered
as a result of voluntary participation in a
survey or poll, or when communicating with our
webmaster or customer service personnel; and
(3) information gathered automatically when
users visit our Site, such as by records recorded
on our server logs by use of cookies. Nivis
uses such information for the following general
purposes: (1) to customize content delivered
to you; (2) to contact and provide service to
you as well as improve the overall delivery
of Nivis' products and services; and (3) to
conduct research for other purposes related
to Nivis' business. All information gathered
by or that you provide to Nivis through this
Site or via communications with you is not confidential
or private and will be considered Nivis' property
and may be used by Nivis without compensation
to you. |
| 4. YOUR CONDUCT
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As a condition of your use of this Site, you
represent and warrant that you shall not use
the Site for any purpose that is unlawful or
prohibited by these Terms and Conditions. In
doing so, you agree to be solely responsible
and liable for your acts or omissions arising
from or related to the Site. By ways of example,
and not as a limitation, you agree not to use
the Site to:
" Defame, abuse, harass, stalk, threaten
or otherwise violate or infringe the legal rights
of others;
" Publish, distribute or disseminate any
harmful, inappropriate, profane, indecent, unlawful,
immoral or otherwise objectionable material,
information, or communication;
" Transmit or upload any material to the
Site that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful
or deleterious programs;
" Interfere with or disrupt the Site networks
or servers;
" Attempt to gain unauthorized access to
the Site, other accounts, computer systems or
networks connected to the Site; or
" Interfere with another individual's or
entity's use and enjoyment of the Site.
Notwithstanding Nivis' right to monitor and
use information, Nivis has no obligation to
monitor your use of the Site or retain the content
of any of your sessions on our Site. You shall
immediately notify Nivis of any breach of the
Terms and Conditions.
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| 5. DISCLAIMERS |
5.1 THIS SITE IS PROVIDED
ON AN "AS IS," "AS AVAILABLE"
BASIS AND MADE AVAILABLE TO USERS AT Nivis'
SOLE DISCRETION. Nivis EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WITH REGARD TO THE SITE.
5.2 Nivis disclaims all responsibility for any
loss, injury, claim, liability, or damage of
any kind resulting from, arising out of, or
in any way related to (a) any errors in or omissions
from this Site, including but not limited to
technical inaccuracies and typographical errors,
(b) any third party websites or content therein
directly or indirectly accessed through links
in this Site, including but not limited to any
errors in or omissions therefrom, (c) the unavailability
of or termination of your use of this Site or
any portion thereof, (d) your use of this Site,
or (e) your use of any equipment or software
in connection with this Site.
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| 6. LIMITATION
OF LIABILITY |
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, A COVERED PARTY (AS DEFINED
BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS)
IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN CONNECTION WITH THIS SITE, INCLUDING ITS
CONTENT, REGARDLESS OF ANY NEGLIGENCE OF SUCH
COVERED PARTY. "Covered Party" means
Nivis LLC, its affiliates, and any officer,
director, employee, subcontractor, agent, successor,
or assign of any of them.
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| 7. GOVERNING LAWS
IN CASE OF DISPUTE; JURISDICTION |
These Terms and Conditions
shall be governed by and construed in accordance
with the laws of the State of Georgia, USA,
as they apply to agreements made and solely
performed therein. Disputes arising hereunder
or in any way related to this Site shall be
exclusively subject to the jurisdiction of the
Federal Courts of the United States of America
and/or the State and Superior Courts of Georgia,
and jurisdiction therefore shall rest solely
in Georgia, USA.
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| 8. CHANGES TO
SITE AND THESE TERMS AND CONDITIONS |
This Site and these Terms
and Conditions may be changed by Nivis with
or without notice. Please review this link on
a regular basis for changes. Continued use of
this Site following any change constitutes your
acceptance of the change. This Site may contain
references or cross references to Nivis products
and services that are not available in every
country.
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| 9. ENTIRE AGREEMENT;
SEVERABILITY |
These Terms and Conditions
incorporate by reference any notices contained
on this Site and constitute the entire agreement
with respect to your access to and use of this
Site. If any provision of these Terms and Conditions
is unlawful, void or unenforceable, then that
provision shall be deemed severable from the
remaining provisions and shall not affect their
validity and enforceability.
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| 10. LINKS TO Nivis
WEB PAGES |
Nivis permits links to
this Site provided (a) you do not remove or
obscure, by framing or otherwise, any content,
including but not limited to the copyright notice
and other notices, (b) you do not directly or
indirectly cause any portion of this Site to
appear on a user's computer screen with any
material (e.g. URL, text, graphics, pop-up window,
audio or other) supplied by or associated with
you or a third party, (c) you give Nivis notice
of all such links by sending an e-mail to
webmaster@Nivis.com,
and (d) you immediately discontinue providing
links to this Site if so requested by Nivis.
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