Nixalite^® Web Site Use Policies

Please review the information below for details on listed copyrights, trademarks, information ownership and the regulations regarding the use of this web site and the information and content provided.

Terms of Use;
By accessing the Nixalite of America Inc website, you, the user, agree to the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions and the Terms of Sale Policy.

Copyright Information;
The information found on this website is copyrighted by Nixalite of America Inc - all rights reserved. This includes all information unless specifically noted or listed as the property of another entity. By using this website you agree not to remove, alter or change any copyright , trademark , registered trademark or other proprietary and/or ownership notices or markings on any content you view, download or print.

Trademark information;
The product names and/or logos that have registered trademark (®) and/or trademark (TM) displayed on this web site are the property of Nixalite of America Inc or other third parties. You are not permitted to use these trademarked names or logos without the prior written consent of Nixalite of America Inc or such third party that may own these products or logos.

Listed Trademarks;

• Nixalite® is a fully-registered trademark of Nixalite® of America Inc.
• ABC Advanced Bird Control® is a registered trademark of Nixalite® of America Inc.
• ColorCoat™ is a trademark of Nixalite® of America Inc.
• PollyNet™ is a trademark of Nixalite® of America Inc.
• K-Net™ is a trademark of Nixalite® of America Inc.
• FliteLine® is a registered trademark of Nixalite® of America Inc.
• CopperBlocker™ is a trademark of Nixalite® of America Inc.

Intellectual Property; Limited User License;
The materials and services provided on this web site as well as their presentation and organization, are protected by copyright, trademark and/or other intellectual property laws, and any unauthorized use of the materials or services provided on this web site may violate such laws.
Except as expressly provided herein, Nixalite of America Inc does not grant any expressed or implied rights to use the materials and services. You agree not to copy, republish, frame, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on this web site, its materials, or its services or their presentation and organization, except as expressly authorized herein.

Use Of Nixalite Content;
Except as indicated to the contrary at specific locations in this web site, you may view, download, and print the Nixalite content available on this web site subject to the following conditions:

1. The Nixalite content may be used solely for personal, informational, and internal purposes.
2. The Nixalite content may not be modified or altered in any way.
3. The Nixalite content on this site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright (©), trademark (TM) or registered trademark (®) or other proprietary and/or ownership notices contained in or on the content provided on this web site.
5. Nixalite reserves the right to revoke the authorization to view, download, and print the content available on this web site at any time, and any such use shall be discontinued immediately upon notice from Nixalite of America Inc.
6. The rights granted to you constitute a limited license of use and not a transfer of title.

Our Commitment to Accessibility
Nixalite of America Inc is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at (309) 755-8771 or email our team at [email protected] with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.  We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.  Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

Nixalite Liability
This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

Nixalite of America Inc and our officers and employees are not liable for any damages arising out of or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.
This agreement between Nixalite of America Inc and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.

License To Nixalite For Supplied Content;
Certain services offered through this site accommodate or request content created by the web site user. Depending upon the nature of the service, by submitting user content, you grant Nixalite of America Inc one of the following types of licenses:

1. For user content that is the result of your work or creative efforts and which is intended to be displayed on the Nixalite web site, such as examples of work you have done with Nixalite control products, you grant Nixalite of America Inc a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, clarity, maintenance, or site administration only) and reproduce the supplied user content. You also grant Nixalite of America Inc the right to distribute and publicly display such user content for the purpose for which the user content was submitted to the Nixalite web site. This license will be in effect until such user content is removed from the Nixalite web site.
    
2. For user content such as comments to Nixalite’s customer testimonial pages, customer forum, product reports and suggestions, you grant Nixalite of America Inc and the users of this site an unrestricted, worldwide, irrevocable license to use, reproduce, display, modify, transmit, and distribute such content, and you also agree that Nixalite of America Inc is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.
   
   However, Nixalite of America Inc will not release your name or otherwise publicize the fact that you submitted such content to us unless:
   (a) you grant us permission to do so;
   (b) you request that we do so;
   (c) we first notify you that the content you submit to the web site will be published or otherwise used with your name on it;
   (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or..
   (d) we believe it necessary in order to protect the rights of Nixalite of America Inc and/or others.

Nixalite & Web Site User Information;
Although it is not our intention to do so, Nixalite of America Inc reserves the right, in its sole discretion, to delete or remove user content from the site and to restrict, suspend, or terminate your access to all or part of this site, at any time if we have cause to do so without prior notice or liability. 
To the maximum extent permitted by law, Nixalite of America Inc will have no liability related to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Nixalite of America Inc also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.

Use and protection of user account information;
You are responsible for maintaining the confidentiality of your log in name and password, if applicable.
You are responsible for damages resulting from all uses of your log in name and password.

Fraudulent Information Policy; 
WARNING: We take fraud seriously. It is a crime to purchase products with a false name or with the use of an invalid credit card. (An invalid credit card is one that is created for the sole purpose of purchasing items illegally or using a credit card or its information, via theft or unauthorized use.) It is also illegal to misuse the charge back process to take advantage of merchants. If you are a perpetrator of fraud, be aware that we will actively pursue and prosecute fraud offenders to the fullest extent of the law.

Misrepresentation and falsifying of information provided to Nixalite in order to gain access to the private sections of our website is considered fraud. This includes consumers and or competitors falsifying information in order to gain access to confidential information and prices that may be found in the installer and dealer section of the Nixalite web site. Nixalite of America Inc will verify the information provided to us and will actively pursue and prosecute fraud offenders to the fullest extent of the law. Fraud offenders not only take advantage of online merchants and consumers, but they also abuse a system, which the Internet community depends on.
Although most fraud offenders use free email services, false names, mail drops, or different bill-to addresses, many are not aware that their web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify and locate them. Currently, both the FBI and the U.S. Secret Service are responsible for investigating all Internet fraud cases. We will also work with cardholders, credit card companies, and local authorities to pursue fraud offenders.

International Web Site Users;
This site can be accessed from countries around the world and may contain references to Nixalite of America Inc products, services, and programs that are not available in your country. These references do not imply that Nixalite of America Inc intends to announce such products, services, or programs in your country.

The site is controlled, operated, and administered by Nixalite of America Inc from its offices within the United States of America. Nixalite of America Inc makes no representation that the site, or the services or materials available through it, are appropriate or available for use at other locations outside the United States, and access to the site from territories where the site or any of its services or materials are illegal is prohibited. If you access the site from a location outside the United States, you are responsible for compliance with all local laws.