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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