Terms of Use
By accessing
the Nixalite of America Inc website, you, the user, agree to the
terms and conditions we set out here. These terms and conditions
may change at our discretion any time, and without notice. All
orders and purchases made through this site are also governed by
these terms and conditions and the
Terms of Sale Policy.
Copyright Information
The information found on this website is copyrighted by Nixalite
of America Inc - all rights reserved. This includes all
information unless specifically noted or listed as the property of
another entity. By using this website you agree not to remove,
alter or change any copyright , trademark , registered trademark
or other proprietary and/or ownership notices or markings on any
content you view, download or print.
Trademark information;
The product names and/or logos that have registered trademark (®)
and/or trademark (TM) displayed on this web site are the property
of Nixalite of America Inc or other third parties. You are not
permitted to use these trademarked names or logos without the
prior written consent of Nixalite of America Inc or such third
party that may own these products or logos.
Listed Trademarks
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Nixalite® is a
fully-registered trademark of Nixalite®
of America Inc.
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ABC Advanced Bird Control® is a
registered trademark of Nixalite®
of America Inc.
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ColorCoat™ is a
trademark of Nixalite® of America Inc.
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PollyNet® is a
registered trademark of Nixalite®
of America Inc.
-
K-Net® is a
registered trademark of Nixalite®
of America Inc.
-
FliteLine® is a
registered trademark of Nixalite®
of America Inc.
-
CopperBlocker™
is a trademark of Nixalite® of America Inc.
Intellectual Property; Limited User License;
The materials and services provided on this web site as well as
their presentation and organization, are protected by copyright,
trademark and/or other intellectual property laws, and any
unauthorized use of the materials or services provided on this web
site may violate such laws.
Except as expressly provided herein, Nixalite of
America Inc does not grant any expressed or implied rights to use
the materials and services. You agree not to copy, republish,
frame, modify, rent, lease, loan, sell, assign, distribute,
license, sublicense, or create derivative works based on this web
site, its materials, or its services or their presentation and
organization, except as expressly authorized herein.
Use Of Nixalite Content;
Except as indicated to the contrary at specific locations in this
web site, you may view, download, and print the Nixalite content
available on this web site subject to the following conditions:
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The Nixalite content may be used solely for
personal, informational, and internal purposes.
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The Nixalite content may not be modified or
altered in any way.
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The Nixalite content on this site may not be
distributed or sold, rented, leased, or licensed to others.
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You may not remove any copyright (©), trademark
(TM) or registered trademark (®) or other proprietary and/or
ownership notices contained in or on the content provided on
this web site.
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Nixalite reserves the right to revoke the
authorization to view, download, and print the content available
on this web site at any time, and any such use shall be
discontinued immediately upon notice from Nixalite of America
Inc.
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The rights granted to you constitute a limited
license of use and not a transfer of title.
Nixalite Liability
This website
should be accessed and used at your own risk. Though reasonable
efforts have been made to ensure the website is current and
contains no inaccuracies or errors, no guarantees are made that
the website's content will be error-free, accurate, complete or
current at all or any times. When a mistake is noticed, we will
correct it as soon as possible and make reasonable efforts to
notify affected users. This may mean that orders not yet shipped
may be cancelled.
We are not responsible for lost, incomplete, illegible,
misdirected or stolen messages or mail, unavailable connections,
failed, incomplete, garbled, or delayed transmissions, online
failures, hardware, software, or other technical malfunctions or
disturbances, whether or not these circumstances affect, disrupt,
or corrupt communications.
Nixalite of America Inc and our officers and employees are not
liable for any damages arising out of or related to access to or
use of our site, or sites we link to, whether or not these damages
are foreseeable and whether or not we have been advised of the
possibility, including, without limitation, direct, indirect,
special, consequential, incidental or punitive damages.
This agreement between Nixalite of America Inc and you, the user,
supersedes all prior agreements and understandings pertaining to
this subject matter.
License To Nixalite For Supplied
Content;
Certain services offered through this site accommodate or request
content created by the web site user. Depending upon the nature of
the service, by submitting user content, you grant Nixalite of
America Inc one of the following types of licenses:
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For user content that is the result of your work
or creative efforts and which is intended to be displayed on the
Nixalite web site, such as examples of work you have done with
Nixalite control products, you grant Nixalite of America Inc a
worldwide, royalty-free, non-exclusive license to modify (for
purposes of formatting, clarity, maintenance, or site
administration only) and reproduce the supplied user content.
You also grant Nixalite of America Inc the right to distribute
and publicly display such user content for the purpose for which
the user content was submitted to the Nixalite web site. This
license will be in effect until such user content is removed
from the Nixalite web site.
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For user content such as comments to Nixalite’s
customer testimonial pages, customer forum, product reports and
suggestions, you grant Nixalite of America Inc and the users of
this site an unrestricted, worldwide, irrevocable license to
use, reproduce, display, modify, transmit, and distribute such
content, and you also agree that Nixalite of America Inc is free
to use any ideas, concepts, know-how, or techniques that you
send us for any purpose without any compensation to you.
However, Nixalite of America Inc will not release your name or
otherwise publicize the fact that you submitted such content to
us unless:
(a) you grant us permission to do so;
(b) you request that we do so;
(c) we first notify you that the content you submit to the web
site will be published or otherwise used with your name on it;
(c) we have a good faith belief that we are required to do so by
law and/or in response to a subpoena or court order; or..
(d) we believe it necessary in order to protect the rights of
Nixalite of America Inc and/or others.
Nixalite & Web Site User Information;
Although it is not our intention to do so, Nixalite of America Inc
reserves the right, in its sole discretion, to delete or remove
user content from the site and to restrict, suspend, or terminate
your access to all or part of this site, at any time if we have
cause to do so without prior notice or liability.
To the maximum extent permitted by law, Nixalite of America Inc
will have no liability related to user content arising under the
laws of copyright, libel, privacy, obscenity, or otherwise.
Nixalite of America Inc also disclaims all liability with respect
to the misuse, loss, modification, or unavailability of any user
content.
Use and protection of user account information;
You are responsible for maintaining the confidentiality of your
log in name and password, if applicable.
You are responsible for damages resulting from all uses of your
log in name and password.
Fraudulent Information
Policy
WARNING: We take fraud seriously.
It is a crime to purchase products with a false name or with the
use of an invalid credit card. (An invalid credit card is one that
is created for the sole purpose of purchasing items illegally or
using a credit card or its information, via theft or unauthorized
use.) It is also illegal to misuse the charge back process to take
advantage of merchants. If you are a victim of fraud or if you are
a perpetrator, be aware that we will actively pursue and prosecute
fraud offenders to the fullest extent of the law.
Misrepresentation and falsifying of information provided to
Nixalite in order to gain access to the private sections of our
website is considered fraud. This includes consumers and or
competitors falsifying information in order to gain access to
confidential information and prices that may be found in the
installer and dealer section of the Nixalite web site. Nixalite of
America Inc will verify the information provided to us and will
actively pursue and prosecute fraud offenders to the fullest
extent of the law. Fraud offenders not only take advantage of
online merchants and consumers, but they also abuse a system,
which the Internet community depends on.
Although
most fraud offenders use free email services, false names, mail
drops, or different bill-to addresses, many are not aware that
their web browser transmits a unique Internet address to us which
can be used by law enforcement officials to identify and locate
them. Currently, both the FBI and the U.S. Secret Service are
responsible for investigating all Internet fraud cases. We will
also work with cardholders, credit card companies, and local
authorities to pursue fraud offenders.
International Web Site Users;
This site can be accessed from countries around the world and may
contain references to Nixalite of America Inc products, services,
and programs that are not available in your country. These
references do not imply that Nixalite of America Inc intends to
announce such products, services, or programs in your country.
The site is controlled, operated, and administered by Nixalite of
America Inc from its offices within the United States of America.
Nixalite of America Inc makes no representation that the site, or
the services or materials available through it, are appropriate or
available for use at other locations outside the United States,
and access to the site from territories where the site or any of
its services or materials are illegal is prohibited. If you access
the site from a location outside the United States, you are
responsible for compliance with all local laws.
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