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Please read carefully. These terms, conditions, and notices
govern the use of Nenix.com and any information contained
herein. This legal disclaimer constitutes notice to you of
Nenix.com policies, procedures, and practices.
Nenix.com (“Web Site”) is owned and operated by Nenix
Corporation.
The
terms "Nenix", "we", "us", "our" and "ours" when used in
these Terms of Use means Nenix Corporation, which includes
all its parents, subsidiaries, divisions, branches,
affiliates or companies under common ownership or control of
Nenix Corporation.
The
terms “you”, “your” and “yours” when used in these Terms of
Use means any user of this Web Site.
Agreement
Access to and use of this Web Site and the information,
materials, products and services available through this Web
Site are subject to all applicable laws and regulations and
to these Terms of Use. By accessing this Web Site, you agree
to these Terms of Use which form a legally binding
agreement. If you do not agree, please exit this Web Site.
Nenix Corporation may change these Terms of Use from time to
time without specific notice to you. The latest Terms of Use
will be posted on the Web Site, and you should always review
these Terms of Use prior to using the Web Site to ensure
that you have a current understanding of the Terms of Use
under which you are permitted to access this Web Site. If
you cannot access the Terms of Use via the Internet, we can
provide a copy of the most recent Terms of Use by e-mail
upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF
INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED
THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT
INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE
VIOLATES APPLICABLE LAWS OR REGULATIONS.
Product / Services Information
All references on this Web Site to information, materials,
products and services apply to Nenix Corporation
information, text and visual images, materials, software,
products and services used or available through this Site
and available in the countries or jurisdictions specified
with respect to such information only, unless otherwise
stated. Nothing in this Web Site constitutes an offer to buy
or sell our products or services in any jurisdiction. This
Web Site is for information purposes only.
Ownership
Unless otherwise indicated, this Web Site and its design,
text, content, selection and arrangement of elements,
organization, graphics, design, compilation and other
matters related to this Web Site are protected under
applicable copyrights, trademarks and other proprietary
(including, but not limited to, intellectual property)
rights and are the property of Nenix Corporation or its
suppliers and is protected pursuant to copyright and
trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Web Site does not
constitute a waiver of any right in such elements. You do
not acquire ownership rights to any such elements viewed
through this Web Site. Except as otherwise provided herein,
none of the these elements may be used, copied, reproduced,
distributed, republished, downloaded, modified, displayed,
posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the express
prior written permission of Nenix Corporation or its agents.
Permission is hereby granted to the extent necessary to
lawfully access and use this Web Site and/or information,
materials, products and/or services available on it to
display, download, archive and print in hard copy, portions
of this Web Site for personal use only, provided you do not
modify the materials and that you retain any and all
copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you
breach any of these Terms of Use. Upon termination, you must
immediately destroy any downloaded, archived or printed
materials.
Trademarks
The Nenix Corporation logo, all product names, all page
headers, all custom graphics, all button icons, all
trademarks, service marks and logos appearing on this Web
Site, unless otherwise noted, are service marks, trademarks
and/or trade dress of Nenix Corporation (the "Marks"). All
other trademarks, product names, company names, logos,
service marks and/or trade dress mentioned, displayed, cited
or otherwise indicated on the Web Site are the property of
their respective owners. You agree not to display or use the
Marks in any manner without our prior written permission.
You agree not to display or use trademarks, product names,
company names, logos, service marks and/or trade dress of
other owners without the prior written permission of such
owners. The use or misuse of the Marks or other trademarks,
product names, company names, logos, service marks and/or
trade dress or any other materials contained herein, except
as permitted herein, is expressly prohibited.
Hyperlink Disclaimer
This Web Site may contain links and/or advertisements to
other web sites maintained by us in addition to links to web
sites maintained by unrelated companies and persons. An
advertisement of, or link to, a non-Nenix Corporation web
site does not mean that Nenix Corporation approves, endorses
or accepts any responsibility for that web site, its content
or use, or the use of products and services made available
through such web site.
Nenix does not take any responsibility for the actions,
content, accuracy, opinions, privacy policies, products or
services provided through these links or made available
through these resources or appearing in such Web Sites, nor
for any damages or losses, directly or indirectly, caused or
alleged to have been caused as a result of your use or
reliance on such Web Sites. Such Web Sites are not
investigated, monitored or checked for accuracy,
completeness or conformance with applicable laws and
regulations by us. Nenix does not make any representations
whatsoever, or give any warranties of any kind, expressed,
implied, or otherwise about other Web Sites which you may
access through this Web Site, the content thereof, or the
products and/or services made available through such web
sites. If you decide to leave our Web Site and access these
other Web Sites, you do so at your own risk. All rules,
policies (including privacy policies) and operating
procedures of such Web Sites will apply to you while on such
Web Sites.
Data Protection Consent
By agreeing to these Terms of Use, you agree to the terms of
our Privacy Policy. Any communication or material you post
or transmit to us over the Internet is, and will be treated
as non-confidential and non-proprietary. Upon the
transmission of any personal information to us, you
expressly grant permission to us to disseminate and/or use
such information for any lawful purpose. Posting or
transmittal of any unlawful, threatening, libelous,
defamatory, obscene, pornographic or profane material or any
other material that could constitute or encourage conduct
that would be considered a criminal offence or violation of
any law is strictly prohibited. We reserve the right to
monitor your communications with us whether by mail, voice,
fax, e-mail or any other form of transmission for the
purposes of quality control, security and other business
needs. Notwithstanding the foregoing, all personal data
provided to us as a result of this Web Site will be handled
in accordance with our Privacy Policy.
Statements on Web Site
The documents contained on (or directly accessible from)
this Web Site may contain a number of forward-looking
statements. Any statements that are not statements of
historical fact (including without limitation statements to
the effect that Nenix Corporation or its management
"believes," "expects," "anticipates," "plans" and similar
expressions) should be considered forward-looking statements
and should not be relied upon.
There are a number of important factors that could cause
Nenix Corporation's actual results to differ materially from
those indicated by such forward-looking statements,
including general economic conditions, Nenix Corporation's
continued ability to develop and introduce products, the
introduction of new products by competitors, pricing
practices of competitors, expansion of its sales
distribution capability, the cost and availability of
components, undetected software errors or bugs, Nenix
Corporation's ability to control costs and the risk factors
detailed from time to time in Nenix Corporations periodic
reports and registration statements filed with the
Securities and Exchange Commission.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE
"AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB
SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE
NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE
WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.
YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE
THE BENEFIT OF THIS CLAUSE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES. It is your responsibility to evaluate the accuracy
and completeness of all information, statements, opinions
and other material on this Web Site or any web site with
which it is linked. Your statutory rights as a consumer, if
any, are not affected by these provisions, and we do not
seek to exclude or limit liability for fraudulent
misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on
behalf of our officers, directors, employees, agents,
suppliers, and contractors exclude liability for any losses
and expenses of whatever nature and howsoever arising
including, without limitation, any direct, indirect,
special, punitive, or consequential damages, loss of use,
loss of data, loss caused by a virus, loss of income or
profit, loss of or damage to property, claims of third
parties, or other losses of any kind or character, even if
we have been advised of the possibility of such damages or
losses, arising out of or in connection with the use of this
Web Site or any web site with which it is linked. You assume
total responsibility for establishing such procedures for
data back up and virus checking, as you consider necessary.
Price and availability of information, materials, products
and/or services is subject to change without notice.
YOU AGREE TO HOLD NENIX HARMLESS FROM, AND YOU COVENANT NOT
TO SUE NENIX FOR, ANY CLAIMS BASED ON USING THE WEB SITE,
WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do
not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion
may not apply to you.
Indemnity and Release
You agree to indemnify, release and hold us harmless as well
as our officers, directors, agents, representatives and
employees from any claim, liability, loss, expense or
demand, including legal fees, related to your violation of
these Terms of Use or your access or use of this Web Site or
any of the information, materials, products or services
available through this Web Site.
Modification and Discontinuation
We reserve the right at any time and from time to time to
modify, edit, delete, suspend or discontinue, temporarily or
permanently this Web Site (or any portion thereof) and/or
the information, materials, products and/or services
available through this Web Site (or any part thereof) with
or without notice. You agree that we shall not be liable to
you or to any third party for any such modification,
editing, deletion, suspension or discontinuance of this Web
Site.
Entire Understanding
These Terms of Use contain the entire understanding between
you and us with respect to this Web Site and no
representation, statement, inducement oral or written, not
contained herein shall bind any party to this agreement.
Should any part of these terms for any reason be declared
invalid by a court of competent jurisdiction, such
determination shall not affect the validity of any remaining
portion and such remaining portion shall remain in full
force and effect as if the invalid portion of these terms
had been eliminated. Our failure to enforce any provision of
these Terms of Use shall not be deemed a waiver of such
provision nor of the right to enforce such provision.
Law & Jurisdiction
These Terms of Use are made under U.S. law.
Nenix controls and operates this Web site from its
headquarters in
Santa Clara, California, USA. Nenix makes no
representation that
the content is appropriate or available for use in other
locations.Access
to, or use of, this Web Site or information, materials,
products and/or services on this Web Site may be prohibited
by law in certain countries or jurisdictions.
If You use this
Web site from other locations, You are responsible for
compliance with applicable local laws including but not
limited to the export and import regulations of other
countries.
You agree that California law and controlling U.S. federal
law govern any action related to the Terms. You and Nenix
Corporation agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of
Santa Clara, California and that the courts of Santa Clara,
California shall have exclusive jurisdiction to resolve any
controversy or claim of whatever nature arising out of or
relating to use of this Web Site. However, Nenix retains the
right to bring legal proceedings in any jurisdiction where
we believe that infringement of this agreement is taking
place or originating.
Contacting Us
If you have any questions regarding these Terms of Use or
any other matter, you may contact us in by writing to us at
Nenix Corporation, 2310 Walsh Avenue, Santa Clara,
California , 95051 or by e-mailing us at
webmaster@nenix.com.
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