Introduction

 

 

NIETECH CORPORATION ("Nietech") makes available information, materials,
products and services on this web site, subject to the following Terms and
Conditions. By accessing this site, you agree to the terms and conditions as
outlined in this legal notice, which constitutes our User Agreement.
Nietech reserves the right to change these terms and conditions from
time to time at its sole discretion.

Copyright; Limited License

The information on this Web site is protected by copyright:

            Copyright (c) 1999-2004 Nietech Corporation All rights reserved.

COMMUNITYsmart™ and its design are trademarks of Nietech Corporation, with
system and design patent pending. MasterCard and its design are registered
trademarks of MasterCard International.

Except as specifically permitted herein, no portion of the information on this web
site may be reproduced in any form or by any means without the prior written
permission from Nietech.

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 belong to Nietech. In addition,
COMMUNITYsmart™ with its design are proprietary marks of Nietech and/or its
subsidiaries or affiliates. Except as expressly provided below, nothing contained
herein shall be construed as conferring any license or right, by implication,
estoppels or otherwise, under copyright or other intellectual property rights.

 1.2 You are hereby granted a nonexclusive, nontransferable, limited license to
view, reproduce, print, and distribute insignificant portions of materials retrieved
from this site provided (a) it is used only for informational, non-commercial
purposes, (b) you do not remove or obscure the copyright notice or other
notices. Except as expressly provided above, no part of this site, including
but not limited to materials retrieved there from and the underlying code,
may be reproduced, republished, copied, transmitted, or distributed in any form
or by any means. In no event shall materials from this site be stored in any
information storage and retrieval system without prior written permission
from Nietech.

 1.3 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.

2. LINKING

You may provide hyper links to this site (from yours) provided (a) you do
not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on this site, (b) you give Nietech notice of
such link by sending an e-mail to info@communitysmart.com, and (c) you
discontinue providing hot links to this site if notified by Nietech.

3. DISCLAIMERS

 3.1 THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND
NIETECH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT.

 3.2 Nietech disclaims all responsibility for any loss, injury, claim, liability, or
damage of any kind resulting from, arising out of or any way related to (a) any
errors in or omissions from this site and its content, including but not limited to
technical inaccuracies and typographical errors, (b) any third party websites
or content therein directly or indirectly accessed through hot links in this Site,
including but not limited to any errors in or omissions therefore, (c) the
unavailability 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.

 3.3 The merchants, schools and nonprofit organizations whose names appear in
this site and Nietech make no express or implied warranties or representations
with respect to the products or services sold through this program (including,
without limitation, warranties arising out of a course of performance, dealing,
or trade usage). In addition, Nietech makes no representation that the operation
of our site will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.

4. LIMITATION OF LIABILITY

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 ANY
COVERED PARTY. "Covered Party" is defined to be Nietech, its affiliates, and any
officer, director, employee, subcontractor, agent, successor, or assign of Nietech
or its affiliates.

5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This site may contain references or cross references to Nietech products and
services that are not available in every country or state.

6. 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 California, USA, as they apply to agreements made
and solely performed therein. Disputes arising hereunder shall be exclusively
subject to the jurisdiction of the Federal Courts of the United States of America
and/or the State Courts of California and jurisdiction therefore shall rest solely in
California, USA.

7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS

Nietech may change this site and these Terms and Conditions 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.

8. 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.

9. FEEDBACK; CONFIDENTIAL INFORMATION; PRIVACY

 9.1 Please note that, with the exception of credit card numbers, Nietech does not
want to receive confidential or proprietary information from you through our site.
Any non-personal information or material sent to Nietech will be deemed NOT to
be confidential. By sending Nietech any non-personal information or material,
you grant Nietech an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or information, and you
also agree that Nietech is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose. However, we will not release
your name or otherwise publicize the fact that you submitted materials or other
information to us unless: (a) you grant us permission to do so; (b) we first notify
you that the materials or other information you submit to a particular part of a site
will be published or otherwise used with your name on it; or (c) we are required to
do so by law.

 9.2 First and foremost, we respect your right to privacy. We will never sell or
share your name, cause affiliation, e-mail address, preferences,
COMMUNITYsmart™ purchase information, site activity or other personally
identifiable information to or with any third party, ever, without your consent or
court order.

We will be utilizing your e-mail address to send you our newsletters and to alert
you to special opportunities and offers available only to COMMUNITYsmart™
members. As a member, you may opt out of receiving the newsletter, or any
correspondence from COMMUNITYsmart™ at any time.

We will disclose information that we gather only in the aggregate in order to
analyze our usage and attract advertisers, corporate sponsors or merchants.

We take great care and caution to keep whatever information we gather safe.

Nietech actively discloses to our members the kinds and quantities of information
that we are gathering.

For more information see our Privacy Policy.

10. TRADEMARK INFORMATION

The trademarks, logos and service marks ("Marks") displayed on this site are the
property of Nietech or other third parties. You are not permitted to use these
Marks without the prior written consent of Nietech or such third party, which may
own the Marks. " COMMUNITYsmart™ " is a trademark of Nietech Corporation.

11. IF YOU DO NOT AGREE . . .

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL,
YOU MUST IMMEDATELY TERMINATE YOUR USE OF THIS SITE.

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