Terms of Use
The Company operates this website to provide online access to information about the Company and the products, services, and opportunities we provide. Your access and use of this website are subject to the following terms and conditions and constitutes acceptance of these terms (“Terms of Use”).
The Company reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.
License and Access
You may use the website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the website (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about the Company’s products and services. No right, title or interest in any content is transferred to you, whether as a result of downloading such content or otherwise. The Company reserves complete title and full intellectual property rights in all content. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from the website, except as expressly permitted by these Terms of Use.
Copyright
The Company, its suppliers or the original creator of the content own all copyrights to content on the website and all other intellectual property rights related to the website. To the extent that the Company has the right to do so without compensation to third parties and except for content specifically provided under other terms, the Company grants you permission to copy content on the website solely for your noncommercial use in support of the Company products and services. You agree that any copies of the content shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without the Company’s permission, “mirror” any content contained on the website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, or any other intellectual property right of the Company or any third party.
Trademarks
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, and other properties (collectively the “Trademarks”) displayed on the Company website are protected intellectual properties that are registered and unregistered trademarks of the Company, its affiliates, and others. Nothing contained on the Company website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of the Company or such third party that may own the Trademark displayed on the Company’s website. Your misuse of the Trademarks displayed on the Company’s website, or any other content on the Company’s website, except as provided herein, is strictly prohibited.
Privacy
Information Provided to the Company
The Company does not want you to, and you should not, send any confidential or proprietary information to the Company via the website. Any submission by you to the Company, including but not limited to questions, comments, suggestions or the like shall be deemed to be nonconfidential and shall become the property of the Company. Furthermore, by your submission you grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. The Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Electronic Communications
When you visit www.nixall.com or send email to us, you are communicating with us electronically. Accordingly, you explicitly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
Disclaimer of Warranties
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED, AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Digital Millennium Copyright Act
The Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Company’s data protection officer at info@nixall.com.
General Data Protection Regulation (GDPR)
SERIOUSLY CLEAN, LTD. (“SERIOUSLY CLEAN”) ensures that its business practices are in accordance with General Data Protection Regulation (GDPR) guidelines for the collection and processing of personal information and data for individuals residing within the European Union (EU). As part of GDPR enforcement, SERIOUSLY CLEAN regularly conducts compliance audits and reviews of its GDPR policies to ensure that data privacy and security guidelines are met. SERIOUSLY CLEAN follows the six principles of personal data processing as outlined in Article 5 of the GDPR: Lawfulness, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; and integrity and confidentiality.