Effective: November 2011
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE nVision
Global TECHNOLOGY SOLUTIONS, INC. WEB SITE (THE “SITE”) OR ANY
OF THE TOOLS, PRODUCTS, SOFTWARE, SOLUTIONS OR SERVICES (COLLECTIVELY, THE "SERVICES”)
THAT ARE AVAILABLE ON THE SITE. REFERENCES IN THIS DOCUMENT TO YOUR USE OF THE SITE
ALSO INCLUDE YOUR USE OF ANY OF THE SERVICES THAT ARE AVAILABLE ON THE SITE
1. OWNERSHIP. The Site is owned and operated by nVision Global
Technology Solutions, Inc. and/or its affiliated companies and licensors (“nVision”).
The mailing address for nVision is 1900 Brannan Road, McDonough, GA 30253. nVision
has various subsidiaries, affiliated legal entities and licensors that may be involved
in providing the Site and the Services, and those subsidiaries, affiliates and licensors
are entitled to the benefit of these terms and conditions.
2. AGREEMENT. Your use of the Site is subject to the terms of a
written agreement with nVision that covers your use of the Site, your agreement
with nVision will always include, at a minimum, the terms and conditions set out
in this document. If you have a written agreement with nVision that covers your
use of the Site, the terms of that agreement are also applicable, and if there is
any conflict between the terms of our written agreement and these terms and conditions,
the terms of the written agreement shall take precedence.
3. ACCEPTANCE OF TERMS. In order to use the Site, you must first
interface for the Site or any Service; or (B) by actually using the Site and/or
any of the Services. In this case, you understand and agree that nVision will treat
point onwards. YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR
OR ANY OF THE SERVICES. nVision MAY, AT ANY TIME AND FOR ANY REASON, MODIFY, REVISE,
TIME OF YOUR USE.
4. LICENSE RIGHT. nVision grants you a limited, personal, non-transferable,
non-exclusive, non-sublicenseable, revocable license to access and use the Site
limited license, we do not grant you any other rights or license with respect to
this Site or the Services; any rights, title, interest or license not expressly
granted herein are reserved.
5. YOUR ACCOUNT. In order to access certain Services, you may be
required to provide information about yourself (such as identification or contact
details) as part of the registration process for the Service, or as part of your
continued use of the Services. You agree that any registration information you give
to nVision will always be accurate, correct and up to date. You agree to use the
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions. You agree not to access (or attempt to access) the Site
or any of the Services by any means other than through the interface that is provided
by nVision, unless you have been specifically allowed to do so in a separate agreement
with nVision. You agree that you will not engage in any activity that interferes
with or disrupts the Site or the Services (or the servers and networks which are
connected to Site and the Services). You agree that you are solely responsible for
(and that nVision has no responsibility to you or to any third party for) any breach
loss or damage which nVision may suffer) of any such breach. You agree and understand
that you are responsible for maintaining the confidentiality of passwords associated
with any account you use to access the Site. Accordingly, you agree that you will
be solely responsible to nVision for all activities that occur under your account.
6. TRADEMARKS. Unless otherwise indicated all product names, trade
names, trade dress, corporate logos, emblems and similar intellectual property displayed
on this Site are trademarks. They are proprietary to nVision or nVision is otherwise
entitled to use such trademarks. No license is granted to you by the use of these
trademarks on this Site. Any unauthorized use of these trademarks is expressly prohibited.
7. RESTRICTIONS. Certain Services may permit you to upload information
and data to the Site. You are solely responsible for your data (the “Data”) uploaded
to the Site. You represent and warrant that the Data does not, and will not at any
time, (i) infringe upon or violate any intellectual property, privacy, publicity
or other right of any third party, (ii) violate any applicable law, rule or regulation,
or (iii) contain any virus or harmful component. You agree that nVision will not
be responsible for, or have any liability in connection with, any use or misuse
of Data or with respect to electronic transactions. You will not cause, make or
permit any infringement or other violation of any third party intellectual property,
privacy, publicity or other rights. You will indemnify and defend nVision and hold
nVision harmless from any liability, damages or costs (including, without limitation,
attorneys’ fees) arising out of, or relating to, breach of this section by you.
to the use of your personal information by nVision and its third-party providers
in accordance with the terms of and for the purposes as set forth in the Privacy
Policy. If you are not a resident of the United States, please note that the personal
information you submit to the Site may be transferred and stored in the United States
and/or another location outside the jurisdiction in which you submitted such information
9. TERMINATION. nVision may stop (permanently or temporarily) providing
the Site (or any features within the Site) to you or to users generally at nVision's
sole discretion, without prior notice to you. You may stop using the Site at any
time. You shall remain liable for any obligations that you incurred before suspension
or termination. You acknowledge and agree that if nVision disables access to your
account, you may be prevented from accessing the Site, your account details or any
files or other content which is contained in your account.
10. WARRANTY DISCLAIMER. nVision has no special relationship with
or fiduciary duty to you and you expressly agree that the use of this Site is at
your sole risk. No express or implied representation or warranty is given for the
correctness, completeness and/or quality of the information provided or made available
through the Site. You release nVision and its shareholders, directors, officers,
agents, or employees from all liability relating to your use of the Site. THE SITE
AND THE SERVICES, AND ANY DATA, REPORTS OR INFORMATION OF ANY KIND MADE AVAILABLE
THROUGH THE SITE OR THE SERVICES, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, RELIABILITY, PERFORMANCE, EFFORT OR NON-INFRINGEMENT.
11. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711).
nVision makes no guaranty of confidentiality or privacy of any communication or
information transmitted on the Site or any web site linked to the Site. nVision
will not be liable for the privacy of email addresses, registration and identification
information, disk space, communications, confidential or trade-secret information,
or any other information or content stored on nVision’s equipment, transmitted over
networks accessed by the Site, or otherwise connected with your use of the Site.
12. INDEMNITY. You agree to defend, indemnify and hold harmless
nVision and its subsidiaries, affiliates and licensors, and their respective shareholders,
directors, officers, agents, or employees, from and against any claims, actions,
demands, damages, losses, liabilities, costs, or expenses, including, without limitation,
reasonable legal and accounting fees, resulting from or arising out of your breach
information obtained from the Site.
13. LIMITATION OF LIABILITY. Under no circumstances shall nVision
and its subsidiaries, affiliates and licensors, or any of their respective officers,
directors, employees, shareholders, agents or representatives, be liable for any
direct or indirect losses or damages arising out of or in connection with the use
of or inability to use the Site, or any content, information or data accessed through
or generated by the Site or the Services. This is a comprehensive limitation of
liability that applies to all losses and damages of any kind (whether general, special,
consequential, incidental, exemplary or otherwise, including, without limitation,
loss of data, income or profits), whether by statute, law or in contract, negligence
or other tortuous action, even if an authorized representative of nVision or its
subsidiaries, affiliates and/or licensors have been advised or should have known
of the possibility of such damages. If you are dissatisfied with the Site or any
using the Site. You acknowledge, by your use of the Site, that your use of the Site
is at your sole risk. Applicable law may not allow the limitation of liability set
forth above, so this limitation of liability may not apply to you. Any offers encompassed
on this web site are non-binding and without obligation.
14. LINKS. This Site contains links to other nVision websites and
may contain links to other third party websites which are not owned or operated
by nVision. Such links to third party websites are provided solely as a convenience
to you and not as an endorsement by nVision, its third party providers, or distributors
of the contents of such other websites. nVision cannot control and shall not be
held responsible for any content provided on said third-party websites. In particular,
nVision does not approve the content of third party websites or adopt such content
as nVision’s own content. nVision does not make any representation or warranty regarding
any third party websites or the content or materials on such websites. The providers
of such third party websites are solely responsible for such third party websites
and the content provided thereon. Therefore, nVision disclaims any and all liability
for damage or injury resulting from access or use of such third party websites or
content provided thereon. Such links contained on this Site are for your convenience
only. Access and use of such third party websites is at your own risk.
15. ATTORNEYS’ FEES. If nVision takes any action to enforce these
reasonable and necessary attorneys’ fees and any cost of litigation, in addition
to any other relief, at law or in equity, to which nVision may be entitled.
16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
the exact amount of which would be difficult to ascertain and for which there will
be no adequate remedy at law. Accordingly, you agree that nVision shall be entitled
as a matter of right to an injunction issued by any court of competent jurisdiction,
or your affiliates, partners, or agents, as well as recover from you any and all
costs and expenses sustained or incurred by nVision in obtaining such an injunction,
including, without limitation, reasonable attorneys’ fees. You agree that no bond
or other security shall be required in connection with such injunction.
17. NOTIFICATION AND CONTACT INFORMATION. To the extent that nVision
may need to contact you, you agree that nVision may do so via any electronic means,
including, but not limited to, communication posted on the Site or electronic mail.
assistance with respect to access to or use of the Site offered by nVision, please
contact us in writing at the address below.
Technology Solutions, Inc.
1900 Brannan Road
McDonough, GA 30253
18. MISCELLANEOUS. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any further
rights hereunder. nVision shall not be liable for any failure to perform its obligations
hereunder when such failure results from any cause beyond nVision's reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation (including “line-noise” interference). If any provision of these
transferable, or sublicensable by you except with nVision's prior written consent.
laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction
and venue of courts in Henry County, Georgia, USA, without regard to the conflict
and exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications and other understandings
with the exception of those made by nVision, must be in a writing signed by both
parties. No agency, partnership, joint venture, or employment is created as a result
in any respect whatsoever.