Legal Notices
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) 1999-2008 Nietech Corporation All rights reserved. The program branding on this web site and its design are trademarks of Nietech Corporation, with system elements and design patent pending.
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, this branded program 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 sysadmin@nietech.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, program 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 program members. As a member, you may opt out of receiving the newsletter, or any correspondence from Nietech 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 Pledge.
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. The branding on this web site 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.