AGREEMENT BETWEEN USER AND NEX-TECH
The Nex-Tech website found at www.nex-tech.com (the “Website”) is comprised of various web pages operated by Nex-Tech.
The Nex-Tech Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Nex-Tech Website constitutes your agreement to all such terms, conditions, and notices.
Nex-Tech reserves the right to change the terms, conditions, and notices under which the Nex-Tech Website is offered including, but not limited to, the charges associated with the use of the Nex-Tech Website.
LINKS TO THIRD-PARTY SITES
The Nex-Tech Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nex-Tech, and Nex-Tech is not responsible for the contents of any Linked Sites including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Nex-Tech is not responsible for webcasting or any other form of transmission received from any Linked Site. Nex-Tech is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nex-Tech of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Nex-Tech Website, you warrant to Nex-Tech that you will not use the Nex-Tech Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Nex-Tech Website in any manner which could damage, disable, overburden, or impair the Nex-Tech Website or interfere with any other party's use and enjoyment of the Nex-Tech Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Nex-Tech Website.
USE OF COMMUNICATION SERVICES
The Nex-Tech Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and related to the Communication Services. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for the Communication Services.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Nex-Tech has no obligation to monitor the Communication Services. However, Nex-Tech reserves the right to review materials posted to such Communication Services and to remove any materials in its sole discretion. Nex-Tech reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Nex-Tech reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nex-Tech's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in the Communication Services. Nex-Tech does not control or endorse the content, messages or information found in the Communication Services and, therefore, Nex-Tech specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in the Communication Services. Managers and hosts are not authorized Nex-Tech spokespersons, and their views do not necessarily reflect those of Nex-Tech.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Nex-Tech OR POSTED AT ANY Nex-Tech WEBSITE
Nex-Tech does not claim ownership of the materials you provide to Nex-Tech (including feedback and suggestions) or post, upload, input or submit to any Nex-Tech Website or its associated services (collectively, "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Nex-Tech, its affiliated companies and necessary sub-licensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions as provided herein.
Nex-Tech is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Nex-Tech's sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Nex-Tech WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Nex-Tech AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Nex-Tech WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Nex-Tech WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NEX-TECH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Nex-Tech WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Nex-Tech AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: WEBMASTER@NEX-TECH.COM
Nex-Tech reserves the right, in its sole discretion, to terminate your access to the Nex-Tech Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Kansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Ellis County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the Nex-Tech Website. Use of the Nex-Tech Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nex-Tech as a result of this Agreement or use of the Nex-Tech Website. Nex-Tech's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Nex-Tech's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Nex-Tech Website or information provided to or gathered by Nex-Tech with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Nex-Tech with respect to the Nex-Tech Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nex-Tech with respect to the Nex-Tech Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Nex-Tech Website are: Copyright 2015 by Nex-Tech and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Service Provider Designated Agent
Chief Financial Officer
P.O. Box 158
Lenora, Kansas 67645