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Welcome to NIXSYS Open Systems.
NIXSYS Open Systems and its affiliates provide their services to you subject
to the following conditions. If you visit or shop at NIXSYS Open Systems,
you accept these conditions. Please read them carefully. In addition, when
you use any current or future NIXSYS Open Systems service or visit or purchase
from any business affiliated with NIXSYS Open Systems, whether or not included
in the NIXSYS Open Systems Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
Privacy
Please review our Privacy Notice, which also governs your visit to NIXSYS
Open Systems, to understand our practices.
Electronic Cummunications
When you visit NIXSYS Open Systems or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of NIXSYS Open Systems or its content suppliers
and protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of NIXSYS Open Systems
and protected by U.S. and international copyright laws. All software used
on this site is the property of NIXSYS Open Systems or its software suppliers
and protected by United States and international copyright laws.
License and Site Access
NIXSYS Open Systems grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of NIXSYS
Open Systems. This license does not include any resale or commercial use
of this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of NIXSYS Open
Systems. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form) of NIXSYS Open Systems and our affiliates without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing NIXSYS Open Systems's name or trademarks without the express
written consent of NIXSYS Open Systems. Any unauthorized use terminates
the permission or license granted by NIXSYS Open Systems. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of NIXSYS Open Systems so long as the link does not portray
NIXSYS Open Systems, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may
not use any NIXSYS Open Systems logo or other proprietary graphic or trademark
as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. NIXSYS Open Systems does sell products for children,
but it sells them to adults, who can purchase with a credit card. If you
are under 18, you may use NIXSYS Open Systems only with involvement of
a parent or guardian. NIXSYS Open Systems and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
Reviews, Comments, Communications, and
Other Content
Visitors may post reviews, comments, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content
is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation. You may not use
a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. NIXSYS Open Systems reserves the
right (but not the obligation) to remove or edit such content, but does
not regularly review posted content. If you do post content or submit
material, and unless we indicate otherwise, you grant NIXSYS Open Systems
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant NIXSYS Open Systems
and its affiliates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify NIXSYS Open Systems or its
affiliates for all claims resulting from content you supply. NIXSYS Open
Systems has the right but not the obligation to monitor and edit or remove
any activity or content. NIXSYS Open Systems takes no responsibility and
assumes no liability for any content posted by you or any third party.
Copyright Complaints
NIXSYS Open Systems and its affiliates respect the intellectual property
of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, email us with your complaint.
Risk of Loss
All items purchased from NIXSYS Open Systems are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
Product Descriptions
NIXSYS Open Systems and its affiliates attempt to be as accurate as possible.
However, NIXSYS Open Systems does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current,
or error-free. If a product offered by NIXSYS Open Systems itself is not
as described, your sole remedy is to return it in unused condition.
Other Business
Parties other than NIXSYS Open Systems and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content
of their Web sites. NIXSYS Open Systems does not assume any responsibility
or liability for the actions, product, and content of all these and any
other third parties. You should carefully review their privacy statements
and other conditions of use.
Disclaimer of Warranties and Limitation
of Liability
THIS SITE IS PROVIDED BY NIXSYS Open Systems ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NIXSYS Open Systems MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, NIXSYS Open Systems DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NIXSYS Open Systems DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NIXSYS Open Systems ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIXSYS Open Systems WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting NIXSYS Open Systems, you agree that the laws of the state
of California, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might
arise between you and NIXSYS Open Systems or its affiliates.
Disputes
Any dispute relating in any way to your visit to NIXSYS Open Systems or
to products you purchase through NIXSYS Open Systems shall be submitted
to confidential arbitration in Santa Ana, California, except that, to
the extent you have in any manner violated or threatened to violate NIXSYS
Open Systems's intellectual property rights, NIXSYS Open Systems may seek
injunctive or other appropriate relief in any state or federal court in
the state of California, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Site Polices, Modification, and Severability
Please review our other policies, posted on this site. These policies
also govern your visit to NIXSYS Open Systems. We reserve the right to
make changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
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