October 16, 2020
By clicking “Accept”, downloading, accessing, or otherwise using the NIXIT App, you agree to be bound by this Agreement.
PLEASE CAREFULLY REVIEW THIS AGREEMENT.
NOTES FOR APP USERS THAT ARE PATIENTS (also referred to as “Clients” or ”Consumers”):
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR HEALTHCARE PROVIDERS OR 911 IMMEDIATELY.
THIS APP IS NOT A HEALTHCARE PROVIDER, NOR IS THE PROVIDER OF THIS APP. NO MEDICAL ADVICE IS PROVIDED THROUGH THIS APP NOR THE USE OF THIS APP. DO NOT RELY ON THE APP, OR THE INFORMATION WITHIN THE APP FOR ANY MEDICAL ADVICE, INCLUDING PRESCRIPTION INFORMATION.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the App, then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the App.
Never disregard, avoid, or delay in obtaining medical advice from a qualified healthcare provider based on information obtained through the Services. Reliance on any information provided by NIXIT, its employees, partners, or other customers of the Services is solely at your own risk. NIXIT does not recommend or endorse any specific test, facility, provider, product, procedure, opinion, or other information that may be mentioned in the App.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the App.
It is your and your Provider’s responsibility to ensure that proper steps have been taken to ensure that you have approved all the necessary “Release of Information” documents. NIXIT is not liable for any lapses of such documentation.
THE PRIMARY PURPOSE OF THE APP IS RELATED TO HEALTHCARE SUPPORT. YOUR HEALTHCARE PROVIDERS WILL BE ABLE TO REVIEW YOUR PROFILE WITHIN THE APP. THIS MEANS THAT YOUR PROVIDERS MAY BE ABLE TO SEE, ACCESS, AND COLLECT INFORMATION RELATED TO YOUR PHYSICAL LOCATION, AS WELL AS INFORMATION RELATED TO YOUR SELF CARE PHASE. IT IS YOUR RESPONSIBILITY FOR REMOVING ANY MEMBER THAT YOU DO NOT WISH TO EXCLUDE FROM YOUR CARE TEAM DURING TREATMENT AND SELFCARE. PLEASE BE AWARE THAT YOUR CARE TEAM WILL BE ABLE TO ACCESS YOUR ACCOUNT, SO ENSURE THAT YOUR PRIVACY EXPECTATIONS ARE MET. FURTHER, IF YOU INVITE ADDITIONAL USERS TO BE A PART OF YOUR SUPPORT TEAM THROUGH THE APP, THEY WILL HAVE ACCESS TO YOUR HEALTHCARE INFORMATION RELATED TO YOU AND YOUR USE OF THE APP.
ADDITIONALLY, THE APP USES GEO-FENCING AND GEOLOCATION SERVICES (also known as location service), TRACKS AND STORES INFORMATION RELATED TO YOUR PHYSICAL LOCATION. BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT NIXIT WILL BE COLLECTING AND STORING INFORMATION RELATED TO YOUR PHYSICAL LOCATION, IN ADDITION TO INFORMATION YOU, YOUR PROVIDERS, OR YOUR SUPPORT TEAM ENTER IN THE APP. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LOCATION INFORMATION PERTAINING TO YOUR PROXIMITY TO “RISK ZONES” AND “REWARD ZONES” MAY BE SHARED WITH YOUR CARE TEAM MEMBERS OR OTHERS.
The service are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, or any other application in which the failure or inaccuracy of that application or the service could lead directly to death, personal injury, or severe physical or property damage. Neither NIXIT nor the services it provides are suited or intended for business or enterprise use. NIXIT is not responsible for any outcomes associated with the availability, functionality, or improper use of the location services.
The App provideS you with the ability to maintain medications and related information. It is your responsibility to maintain such information accurately and as prescribed by qualified healthcare professionals. NIXIT will not be liable for the accuracy of the information or failure to follow ingestion and refill directions. Additionally, this information will be able for the care team members to view and third parties may be notified if you fail to confirm that medication was ingested.
IF YOUR HEALTHCARE PROVIDERS CHANGE, OR IF YOU OR YOUR HEALTHCARE PROVIDERS FAIL TO UPDATE HEALTH INFORMATION, THE INFORMATION IN THE APP MAY BE INACCURATE. PLEASE DO NOT RELY ON THE APP FOR YOUR MEDICAL CARE. THE APP IS NOT A PROVIDER OF YOUR MEDICAL OR HEALTH CARE. IF YOU HAVE ANY QUESTIONS RELATED TO YOUR MEDICAL TREATMENT OR YOUR HEALTH, PLEASE CONTACT YOUR HEALTH CARE PROVIDER OR MEDICAL PROFESSIONAL. PLEASE ENSURE THAT YOU HAVE COPIES OF THE INFORMATION WITHIN THE APP IN THE EVENT THE APP FAILS OR IS NO LONGER AVAILABLE. THE APP DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE, SO PLEASE CONSULT WITH YOUR HEALTH CARE PROVIDER. PLEASE CONTACT ANY EMERGENCY SERVICES AND/OR QUALIFIED HEALTHCARE PROFESSIONALS IN CASE OF ANY EMERGENCY. THE APP PROVIDES SUPPORT ONLY AND IS NOT A TREATMENT PROVIDER.
YOUR HAVE THE FINAL APPROVAL FOR ALL USERS THAT ARE APPROVED BY YOU TO BE A PART OF YOUR CARE TEAM. IF YOU UNDER “SELFCARE”, IT IS YOUR RESPONSIBILITY TO REMOVE THAT YOU DO NOT WISH TO BE PART OF YOUR CARE TEAM. THOSE THAT REMAIN ON YOUR CARE TEAM CAN VIEW ALL YOUR HEALTH INFORMATION. NIXITHUB IS NOT LIABLE FOR THOSE THAT YOU HAVE APPROVED TO BE ON YOUR CARE TEAM.
NOTES FOR APP USES THAT ARE PROVIDERS:
NOTES FOR APP USES THAT ARE HEALTHCARE PROVIDERS, HEALTHCARE ORGANIZATIONS, OR HEALTHCARE SYSTEMS:
In addition to functioning as a standalone personalized self-help ”Selfcare” system, the App may also be used by certain medical professionals and/or health care providers (“Provider”) to monitor or otherwise assist in their Patient’s use of the App (“Patients”). Such use shall require the Patient’s affirmative consent and shall also be subject to the terms of a separate agreement (the “Provider Agreement”), between NIXIT and Providers. In the event of any conflict between these Terms and the terms of the Provider Agreement, the terms of the Provider Agreement shall control with respect to use of the App by Providers. In all other matters, these Terms shall control.
You are responsible for removing yourself from care team if you are no longer providing services to Patients or have moved the Patient to “Selfcare”. As Primary Provider you are responsible for maintaining the Patients’ Health Records accurately.
PLEASE ENSURE THAT YOU HAVE COPIES OF THE INFORMATION WITHIN THE APP IN THE EVENT THE APP FAILS OR IS NO LONGER AVAILABLE.
It is the responsibility of the providers and its associated staff to ensure that proper steps have been taken to ensure that you have all the necessary “Release of Information” documents from the Patient. NIXIT is not liable for any breach of confidentiality for patients.
NOTES FOR APP USES THAT ARE SUPPORT:
You have access to health information not limited to diagnosis, treatment, medications and geolocation of a patient. It is your responsibility to ensure that all patient information is safeguarded in compliance with HIPAA laws. Any suspected breach or violation that may cause harm or deemed as causing harm to the patient will be construed as a violation of this Agreement. This will prompt immediate suspension or termination of the App. NIXIT reserves the right to pursue any and all legal action to the extent of all applicable laws pertaining to violation of patient rights to privacy. Upon accepting to be part of a care team, you are bound by HIPAA compliance and all local and laws of your jurisdiction. NIXIT is not responsible for any of your actions.
NOTES FOR ALL APP USERS:
BY USING THE APP, YOU REPRESENT AND WARRANT TO NIXIT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE APP ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCE TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE APP AND TO ANY SUCH ORGANIZATION/AGENCY/LOCATION.
1. Subject to this Agreement, NIXIT grants you the limited, nonexclusive, nontransferable, non-assignable, non-sublicensable, revocable right and license to use the NIXIT App only for your personal, non-commercial purposes on any user product (“Device”) that you own or control, provided such Device operates with any platform then compatible with the App (“Platform”).
2. The App may collect and use device information and device related information, including but not limited to sensor data.
3. You may use the App only in complete conformity with all applicable laws and regulations and with this Agreement. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession. Your use of the App in a manner that violates this Agreement, or violates any law, could result in termination of your access to the App and further action as described in this Agreement.
4. All uses of the NIXIT App and each Device must comply with, in all instances, the then applicable rules, requirements and terms of each applicable Platform.
5. You agree not to operate the App in a manner that is illegal, unsafe, reckless, or contrary to this Agreement.
BY CLICKING “AGREE” TO TERMS AND CONDITION YOU AGREE NOT TO:
(a) probe, scan, or test the vulnerability of any system or network;
(b) breach or otherwise circumvent any security or authentication measures;
(c) access, tamper with, or use non-public areas or parts of the App, or shared areas of the App you haven’t been invited to;
(d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the App;
(e) access, search, or create accounts for the App by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
(f) send unsolicited communications, promotions or advertisements, or spam;
(g) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
(h) promote or advertise products or services other than your own without appropriate authorization;
(i) abuse referrals or promotions to get more storage space than deserved;
(j) circumvent storage space limits;
(k) publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
(l) advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
(m) violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;
(n) violate the privacy or infringe the rights of others;
(o) conduct fraudulent activity in connection with your use of the App including claiming a false affiliation, such as accessing another person’s account, impersonating any person or entity, or falsifying your age;
(q) reverse engineer or otherwise attempt to discover any portion of the App’s source code;
(r) collect personal information about any other users or third parties without consent; and
(s) use it on behalf of any competitor unless by written authorization from NIXIT.
NIXIT accepts no liability for any civil fines or criminal sanctions arising from your operation of the App.
6. The license granted herein does not include any right to make or distribute copies of the NIXIT App, to use the NIXIT App for the benefit of any third party or to monetize use of the NIXIT App. Without limiting the generality of the foregoing, any access to the NIXIT App or the services accessible through the NIXIT App by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
7. This Agreement is effective upon your acceptance downloading, accessing, using, and/or clicking “accept” and shall remain in full force and effect thereafter until terminated as provided herein (“Term”).
8. We attempt to ensure that information on the App is complete, accurate and current. Despite our efforts, the information on the App may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the App. All features, content, specifications, products, colors and prices of products and services described or depicted on the App are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of any applicable products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the App at any time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any prospective user or user and/or to refuse access to the App by any user or prospective user. We also may require verification of information prior to the acceptance and/or shipment of any order.
9. The App may contain links or have references to websites controlled by parties other than NIXIT. NIXIT is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. NIXIT is providing these links to you for information purposes as a convenience, and the inclusion of any link does not imply endorsement by NIXIT of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by NIXIT. You should not rely on any of the information found on the web sites for purposes of treatment or diagnosis. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
10. Except where expressly provided otherwise by NIXIT, all comments, feedback, information and data submitted to NIXIT through, in association with or in regard to the App and/or any other NIXIT goods or services (“Submissions”) shall be considered non-confidential and NIXIT’s property. Notwithstanding anything herein to the contrary, all patient personal health information is subject to confidentiality under HIPPA, and nothing herein limits or restricts such confidentiality. This may not include copyright ownership of images which you may upload but does include an express license to use said images in any method NIXIT sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to NIXIT, you agree to assign to NIXIT, as consideration in exchange for the use of the App, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant NIXIT these rights. NIXIT shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not NIXIT, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Any use of Submissions is at the sole discretion of NIXIT.
11. You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
13. NIXIT does not accept Submissions from persons under the age of 18 (“Child” or “Children”). Furthermore, NIXIT does not accept any user who is a Child. You are ineligible to use the App if you are under the age of 18. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants NIXIT all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.
14. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, NIXIT reserves the right to cancel or suspend your account. Furthermore, NIXIT reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using NIXIT for improper purposes, or any purpose inconsistent with its business.
15. We are not, and you acknowledge that the Platform is not, obligated to provide any support or maintenance services to you related to the NIXIT App. Any complaints related to the NIXIT App can be addressed to [email protected].
16. You agree to comply with all United States and all other applicable laws, rules, and regulations relating to the export, re-export, or transshipment of the App.
17. The NIXIT App is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), any user who is a U.S. Government end user acquires the NIXIT App with only those rights set forth herein.
18. THE NIXIT APP IS PRIMARILY AN INFORMATIONAL TOOL, AND NO PART OF THE APP, SERVICES, SITE, OR COLLECTIVE CONTENT ARE FOR THE DELIVERY OF HEALTH CARE SERVICES, OR CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING IN THIS AGREEMENT, THE APP, WEBSITE, SERVICES, OR COLLECTIVE CONTENT SHALL BE CONSTRUED AS THE DISPENSING OF MEDICAL, NURSING, OR OTHER HEALTH CARE ADVICE, DIRECTLY OR INDIRECTLY BY THE NIXIT APP, OR AS A SUBSTITUTE FOR ANY OF THE FOREGOING. ALWAYS SEEK PROFESSIONAL MEDICAL ADVICE IF YOU ARE CONCERNED ABOUT YOUR HEALTH, AND DO NOT DELAY IN SEEKING IT. THE APP, WEBSITE, SERVICES, AND COLLECTIVE CONTENT ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCIES OR LIFE-THREATENING SITUATIONS OR OTHERWISE TO ADDRESS MEDICAL PROBLEMS.
19. The following terms apply only to you when you use the Platform as provided by NIXIT. In the event of any conflict between this paragraph and the rest of the Agreement, this paragraph will control only if you use of the Platform as provided by NIXIT:
(i) You must comply with all applicable third-party terms of agreement when using the NIXIT App. For example, your use of the NIXIT App must not violate the terms of your wireless data services agreement for the applicable Device.
(ii) The Platform is a third-party beneficiary of this Agreement and may enforce this Agreement against you as a third-party beneficiary. Subject to the rights of the Platform to enforce this Agreement as a third-party beneficiary, a person who is not a party to this Agreement has no right under any applicable law to enforce any term of this Agreement. Notwithstanding that any term of this Agreement may be or become enforceable by the Platform or any other third party, the terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing signed by or on behalf of NIXIT or this Agreement may be rescinded (in each case), without the consent of the Platform or such other third party.
(iii) YOU HEREBY REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
(iv) You acknowledge the platform has no warranty obligation whatsoever with respect to the NIXIT App.
(v) You acknowledge that to the extent permitted by law, the platform will not be liable to you for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the NIXIT App.
(vi) As between NIXIT and the platform, but subject to the terms, conditions and limitations of this agreement, the platform will not be responsible to you for any claim relating to the NIXIT App or your possession and/or use of the NIXIT App, including but not limited to, (i) product liability claims; (ii) any claim that the NIXIT App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
20. You are solely to be responsible for any and all taxes, duties, tariffs, or other such assessments of any value relating to this Agreement.
21. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
22. Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of NIXIT.
23. This Agreement constitutes the entire and only agreement between you and us in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of you and NIXIT acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of NIXIT.
24. You may not sublicense, assign or transfer this Agreement or the NIXIT App. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.
25. Elements of the App are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the App may be copied or retransmitted unless expressly permitted by NIXIT.
26. The NIXIT trademark and/or other identifiers referenced herein are trademarks of NIXIT and/or its affiliates and may be registered in certain jurisdictions.
Patients must have location services and notifications turned on for the App to function as intended. You must be logged in to the App for the app to function as intended.
Patients must have App notification turned on for it to work as designed as we send you
CHANGES TO APP
We may at any time, change, update, modify, or terminate any service that may be accessed through the NIXIT App including, without limitation, to improve a service or its functionality; add or remove access to a service; improve ease of use for you or us; correct an error or bug; prevent or discontinue harmful or improper access to services; prevent or discontinue unauthorized use of App; comply with a Platform provider or government request; or comply with a statute or judicial order.
Without limiting the generality of anything contained herein, NIXIT makes no representations with regard to any content on the App, or any information provided through the app. You may be able to access and download, and otherwise use, content within the app. Your use of the content is at your own risk, and the content is provided as is. The content may have been provided by NIXIT, or by third parties, and it is your responsibility to review the content and ensure that it is accurate before relying on.
By using the app, you acknowledge and agree that all content is provided as is and NIXIT makes no representations as to the accuracy or completeness of any content.
Without limiting the generality of anything contained herein, NIXIT makes no representations with regard to any content on the app, or any information provided through the app. You may be able to access and download, and otherwise use, content within the app. Your use of the content is at your own risk, and the content is provided as is. The content may have been provided by NIXIT, or by third parties, and it is your responsibility to review the content and ensure that it is accurate before relying on. Your reliance upon the content obtained or used by you through the app, website, or services is solely at your own risk.
By using the app, you acknowledge and agree that all content is provided as is and NIXIT makes no representations as to the accuracy or completeness of any content.
The content may be changed periodically at the discretion of NIXIT.
You acknowledge and agree that the NIXIT App contains proprietary and confidential information that is protected by applicable copyright, trademark and other intellectual property laws, including without limitation, the software programming and any code contained in the NIXIT App and other content available through the NIXIT App. The trademarks, service marks and logos used and displayed on this NIXIT App are registered and unregistered trademarks of NIXIT and others. Nothing in this NIXIT App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the NIXIT App, without the written permission of the trademark owner. NIXIT and its licensors reserve the right to enforce its and their intellectual property rights to the fullest extent of the law. All images on the NIXIT App are legally protected and are not to be used, reproduced, modified or distributed without written consent of NIXIT or its licensors. You may not and will not permit others to contest, object to, or otherwise challenge our proprietary interest in and ownership of the NIXIT App and the Proprietary Information.
You and we acknowledge that, in the event of any third party claim that your possession and use of the NIXIT App infringes that third party’s intellectual property rights, NIXIT, not the Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
As between you and us, the NIXIT App, the content and information therein, and the look and feel of the NIXIT App, and all improvements, additions, derivatives and other modifications thereto, and any information pertaining to the foregoing, are the exclusive property of NIXIT and/or its licensors, and shall be considered and treated by you as the proprietary information of NIXIT (“NIXIT Proprietary Information”). You acknowledge and agree that NIXIT is the owner of the NIXIT Proprietary Information and you agree that you have no right, title, or interest in any of the NIXIT Proprietary Information except the right to use the NIXIT App under and in compliance with the license granted here. You agree not to, directly or indirectly, disclose, sell or otherwise transfer or exploit the NIXIT Proprietary Information, or any portion thereof, to any other person or entity or allow any other person or entity to use the NIXIT Proprietary Information, or any portion thereof, without the prior written consent of NIXIT, which may be withheld in NIXIT’s sole discretion. You further agree not to challenge or assist with or participate in any challenge, directly or indirectly, of our ownership of the NIXIT Proprietary Information or any right, title or interest therein or any portion thereof.
You acknowledge and agree that NIXIT is the owner of or has rights to the NIXIT trademark and such other names, marks, and logos and other intellectual property NIXIT used, uses or may in the future use in or related to its business, products or services, including, without limitation, all improvements, additions, derivatives and other modifications thereof (“NIXIT Marks”). You agree that you have no right, title, or interest in any of the NIXIT Marks. You further agree not to challenge or assist with or participate in any challenge, directly or indirectly, of NIXIT’s ownership of or right to the NIXIT Marks and the Proprietary Information or any right, title or interest therein or any portion thereof.
You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the NIXIT App. You further agree not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Mobile App, regardless of your location, i.e. outside of the U.S. Without limiting the generality of the foregoing, in those jurisdictions where law grants you rights to translate, decompile, reverse engineer, or disassemble the NIXIT App, that you can’t waive, and to the extent required by law, you may exercise such rights to translate, decompile, reverse engineer, or disassemble to the extent necessary to achieve interoperability of the NIXIT App with an independently created program, but solely in the event that the information necessary to achieve interoperability of the NIXIT App with an independently created program has not been made available to you by NIXIT within a reasonable time upon your written request. Such decompilation shall be restricted to the parts of the NIXIT App that is necessary to achieve interoperability.
Without limiting the generality of the foregoing, you acknowledge that NIXIT is the owner of or has the rights to all information you access from or in the NIXIT App (“Proprietary Information”). You agree that you have no right, title, or interest in any of the Proprietary Information except under and in compliance with this Agreement. You agree not to, directly or indirectly, disclose, sell or otherwise transfer or exploit the Proprietary Information, or any portion thereof, to any other person or entity or allow any other person or entity to use the Proprietary Information, or any portion thereof, without the prior written consent of NIXIT, which may be withheld in NIXIT’s sole discretion.
All materials provided on the App, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by NIXIT or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of NIXIT and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of NIXIT and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the App on any other server without NIXIT’s prior express written permission.
Any unauthorized use of any Materials contained on the App may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Except as expressly granted herein, no other license under any proprietary or intellectual property right, including but not limited to patent, copyright, trade secret, trademark or otherwise is granted to or conferred to you by this Agreement. All other rights other than those specifically granted herein are reserved by NIXIT.
You agree not to associate, input or upload to or through any NIXIT App any virus, Trojan horse, worm, time bomb or other computer programming routines that (i) is intended to damage, interfere with, intercept or expropriate any NIXIT system or technology or (ii) infringe the intellectual property rights of another.
NIXIT may give notice by means of a general notice on the App, electronic mail to your e-mail address on record in NIXIT’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in NIXIT’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email. Furthermore, NIXIT complies with the Digital Millennium Copyright Act Title 17, United States Code, Section 512(c)(2) (“DMCA”). Any notices given pursuant to the DMCA shall be given to NIXIT’s designated agent via email at [email protected] or via registered US mail sent return receipt to: DMCA Compliance Agent, Nixit Hub, 717 Calle Perlino, Suite 200, San Clemente, California 92673 USA.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
When you download, access, or use the NIXIT App, you are agreeing to indemnify NIXIT and the Platform and their respective owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from the use of the NIXIT App. By using the NIXIT App you are agreeing to release NIXIT and the Platform and their respective owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to the NIXIT App. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY NIXIT, THE MATERIALS ON THE APP ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, NIXIT AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE APP, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. NIXIT AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF The App and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE APP, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE APP AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NIXIT AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE APP OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE APP WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER NIXIT NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NIXIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY NIXIT, THE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NIXIT EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE APP. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
IF YOU ARE AN INDIVIDUAL ACTING AS A CONSUMER, YOU MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND SUCH STATUTORY RIGHTS ARE NOT AFFECTED BY THE FOLLOWING. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE USE OF THE NIXIT APP IS ENTIRELY AT YOU OWN RISK. THE NIXIT APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, ACCESSIBILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY NIXIT TO THE FULLEST EXTENT PERMITTED BY LAW. NIXIT MAKES NO WARRANTY WITH RESPECT TO THE SECURITY, TIMELINESS, CONTENT OR PERFORMANCE OF THE NIXIT APP. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES USER SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. BY AGREEING TO THE TERM , YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.
IF YOU ARE AN INDIVIDUAL ACTING AS A CONSUMER, YOU MAY HAVE CERTAIN STATUTORY RIGHTS WHICH MAY NOT BE WAIVED, AND SUCH STATUTORY RIGHTS ARE NOT AFFECTED BY THE FOLLOWING. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE TOTAL LIABILITY OF NIXIT AND ITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT EXCEED $100 IN THE AGGREGATE AND NEITHER NIXIT NOR THE PLATFORM SHALL BE LIABLE TO YOU OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR DATA USE, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE GOODS ARISING OUT OF THIS AGREEMENT, DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, USE OF THE NIXIT APP OR OTHERWISE, EVEN IF NIXIT OR THE PLATFORM HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE ABOVE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL BE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW IN THE EVENT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF NIXIT OR IN THE EVENT OF PERSONAL INJURY OR DEATH OR IN RESPECT OF ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This agreement provides that all disputes between you and NIXIT will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action) to assert or defend your rights under this agreement (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the section below; arbitration agreement for the details regarding your agreement to arbitrate any disputes with NIXIT.
IN ALL INSTANCES, NIXIT WILL SELECT THE ARBITRATOR.
Notwithstanding the paragraph above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; and (c) seek injunctive relief in a court of law.
If you desire to assert a claim against NIXIT, and you therefore elect to seek arbitration, you must first send to NIXIT, by certified mail, a written Notice of your claim (“Notice”). The Notice to NIXIT should be addressed to: Nixit Hub, Inc., Legal Department, 717 Calle Perlino, Suite 200, San Clemente, California 92673, USA. If NIXIT desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by NIXIT, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If NIXIT and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NIXIT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by NIXIT or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association (“AAA”) at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association, as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement, including this arbitration agreement. Any arbitration hearing will take place at a location decided by NIXIT in Orange County, California.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
EXCEPTIONS TO ARBITRATION
You and NIXIT agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of NIXIT’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
We will work in good faith to resolve any issue you have with the App working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
In the interest of resolving disputes between you and NIXIT in the most expedient and cost-effective manner, you and NIXIT agree that ALL disputes arising out of or related to this Agreement and/or your use of any of NIXIT’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of this Agreement and any other contractual relationship between you and NIXIT. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NIXIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
YOU AND NIXIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NIXIT agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of this Agreement shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Orange County, California.
CO-OPERATION WITH LAW ENFORCEMENT
NIXIT WILL COOPERATE WITH RELEVANT AGENCIES TO ENFORCE THESE RULES.
NIXIT reserves the right to investigate and prosecute all of the above without restriction, especially those behaviors that jeopardize the safety or security of our subscribers. NIXIT RESERVES THE RIGHT TO COOPERATE WITH ANY APPLICABLE LAW ENFORCEMENT AGENCY IN CONJUNCTION WITH THE VIOLATION OF ANY OF THE ABOVE CONDITIONS, including providing medical, counseling, legal or other professional advice, intellectual property rights infringement and Services security issues, to the fullest extent of the law. NIXIT has the right to monitor your access to or use of the Services for the purpose of operating the Services, ensuring compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. This right is exercised for the purposes of protecting our subscribers and ensuring privacy, but this right DOES NOT constitute an obligation on the part of NIXIT to monitor the Services for unauthorized use. NIXIT reserves the right, at any time and without prior notice, to remove or disable access to any Content. NIXIT exercises sole discretion over the administration of content and will exercise sole determination over what is considered a violation of the Terms of Service.
You may terminate this Agreement for convenience at any time by deleting the App from all Devices that you own or control.
We may terminate this Agreement for convenience at any time with or without notice to you. In addition, with respect to any user, this Agreement will terminate automatically in the event you breach, or NIXIT has reason to believe you will breach, the paragraphs herein related to intellectual property.
At termination of this Agreement for any reason whatsoever all licenses granted by NIXIT hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the NIXIT App.
We may suspend or terminate your rights in and to the NIXIT App or services accessible through the NIXIT App in our sole discretion including, without limitation, if a newer version of the NIXIT App or a service therein is available, to improve the NIXIT App or a service or any functionality therein; to add or remove access to a service accessible through the NIXIT App; to improve ease of use for the you or to us; to correct an error or bug; to prevent or discontinue harmful, improper nor unauthorized access to the NIXIT App or a service therein; to comply with a Platform or government request; or to comply with a statute or judicial order.
MODIFICATION OF TERMS
NIXIT is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App which NIXIT provides may change from time to time without prior notice to you. Changes to the form and nature of the App will be effective with respect to all versions of the App; examples of changes to the form and nature of the App include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the App from time to time will be subject to these Terms, unless stated otherwise.
TERMINATION OF SERVICES
You agree that NIXIT, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that NIXIT will not be liable to you or any third party for such termination.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You grant NIXIT a perpetual, irrevocable, sublicenseable, transferable, royalty free right and license to use, in whole or in part, or in the aggregate, all data, information, and content collected through your use of the App. The license granted herein shall survive termination of this Agreement.
You and we agree that where the context of any provision indicates an intent that it will survive the term of this Agreement, then it will survive.
To the full extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, excluding (1) its conflict of law principles; (2) the United Nations Convention on Contracts for the International Sale of Goods; (3) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (4) the Protocol amending the 1974 Convention, done at Vienna, April 11, 1980. The exclusive venue any Claims that arise from this Agreement is Orange County, California unless the parties agree to video, phone or internet connection appearances.
The Service is operated by NIXIT in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
NIXIT customers should be aware that laws and regulations may vary throughout different countries and states. Customers are responsible for understanding and obeying all relevant local laws and regulations. NIXIT services MAY NOT be used to:
- Violate any applicable law or regulation
- Circumvent legal, medical, or court ordered restrictions on contact, consumption, proximity or other behaviors.
If you have any questions about this Agreement, please email us at [email protected] .