Nitetronic - Terms and Conditions

Terms & Conditions

Website Terms and Conditions of Use – Nitetronic America LLC (http://www.nitetronic.com)

Nitetronic America LLC’s website (http://www.nitetronic.com) is offered to you by Nitetronic America LLC, 1300 W. 9th Street, Upland, CA 91786 (“Nitetronic”).

The following Terms and Conditions of Use govern your access to and use of the Website. Also, additional specific terms and conditions may apply to specific content, data, materials, or information contained on or available through the Website or App (the “Content”) or transactions concluded through the Website or App.

1. Acceptance of Terms and Conditions of Use

By accessing or using the Website, you agree to be legally bound by these Terms & Conditions, as well as by any additional terms and conditions and disclaimers set forth on the Website. The Terms & Conditions comprise the entire agreement between you and Nitetronic regarding the subject matter herein, and supersede all prior agreements between you and Nitetronic regarding the same. If you do NOT agree to all of these Terms & Conditions, you must immediately stop accessing or using the Website. You further agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions.

2. No Advice Provided

The Content of the Website does not constitute advice and should not be relied upon in making or refraining from making any decision. You acknowledge and agree that no medical, psychological or legal advice is provided through the Website, and that you are accessing and using the Website at your own risk.

3. Change of Website

Nitetronic reserves the right to change, update or remove (temporarily or permanently) the website, content, or any part of the Website without notice, and you confirm that Nitetronic shall not be liable for any such change, update or removal.

4. Modification of Terms

Nitetronic reserves the right to amend these Terms & Conditions at any time. Such amended Terms & Conditions shall be effecting upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable Terms & Conditions, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5. Privacy Policy

Personal information or data provided or collected through or in connection with the Website shall only be used in accordance with Nitetronic’s Privacy Policy, and these Terms & Conditions are subject to the Privacy Policy as posted on this Website.

6. Links to Third Party Websites

Nitetronic’s Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Nitetronic is not responsible for the content or availability of any such sites.

7. Copyright and Trademarks

All copyright, trademarks and other intellectual property rights in the Website or App and the Content (including without limitation the Website or App design, text, graphics and all software and source codes connected with the Website or App) are owned by or licensed to Nitetronic America LLC or otherwise used by Nitetronic America LLC as permitted by law. By accessing the Website or App you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website or App for personal, noncommercial home use only.

The user hereby acknowledges that they do not acquire any ownership rights by accessing, using or downloading the Website.

8. Disclaimers

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made. Nitetronic expressly disclaims, to the full extent permitted by law, any representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Nitetronic makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the servers that make them available are free of viruses or anything else that may be harmful or destructive.

9. Limitation of Liability

To the full extent permitted by law, Nitetronic shall not be liable for any indirect, consequential, punitive, special or incidental or other damages (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the access, use of, or inability to access or use, the Website, and the Content.

10. Indemnity

You agree to indemnify and hold harmless Nitetronic, its employees, agents and assigns from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Nitetronic arising out of any breach by you of these Terms & Conditions, or other liabilities arising out of your use of the Website.

11. Severability

If any of these Terms & Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the law of the State of California. You hereby agree to submit to the exclusive jurisdiction of the federal and state courts of the State of California for any disputes, claims, or causes of action arising from, or relating to, these Terms & Conditions and your use of the Website or App. The language of the legal proceedings is English.

13. No Waiver

No failure on the part of Nitetronic to enforce any part of these Terms & Conditions shall constitute a waiver of any of Nitetronic’s rights under these Terms & Conditions, whether for past or future actions on the part of any person. Only an explicit, written waiver signed by an authorized representative of Nitetronic shall have any legal effect whatsoever.

14. Headings

The headings of the sections of these Terms & Conditions are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms & Conditions.

Nitetronic-USWEBAPPTC-v.1.0-2016-0
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Nitelink2 App – Terms and Conditions of Use

Nitelink2 is offered to you by Nitetronic America LLC, 1300 W. 9th Street, Upland, CA 91786 (“Nitetronic”).

The following Terms and Conditions of Use (“Terms & Conditions”) govern your access to and use of the App. If so, additional specific terms and conditions may apply to specific content, data, materials, or information contained on or available through the App (the “Content”) or transactions concluded through the App.

1. Acceptance of Terms and Conditions of Use

By accessing, using or downloading Nitelink2, you agree to be legally bound by these Terms & Conditions, as well as by any additional terms and conditions and disclaimers set forth on the Website or App. The Terms & Conditions comprise the entire agreement between you and Nitetronic regarding the subject matter herein, and supersede all prior agreements between you and Nitetronic regarding the same. If you do NOT agree to all of these Terms & Conditions, you must immediately stop accessing or using the App. You further agree that you will not use the App for any purpose that is unlawful or prohibited by these Terms & Conditions.

2. No Advice Provided

The Content of the App does not constitute advice and should not be relied upon in making or refraining from making any decision.

You acknowledge and agree that no medical, psychological or legal advice is provided through the App, and that you are accessing, using and downloading the App at your own risk. The App is intended for informational and educational use only. The App is not intended to provide any medical diagnosis or advice, or to recommend any treatment or procedure.

3. Change of the App

Nitetronic reserves the right to change, update or remove the App, the Content, or any part of the App without notice, and you confirm that Nitetronic shall not be liable for any such change, update or removal. From time to time, in order to continue use of the App, you may need to download and install a new version. By doing so, you agree to the Terms & Conditions present at that time.

4. Modification of Terms

Nitetronic reserves the right to amend these Terms & Conditions at any time. Such amended Terms & Conditions shall be effecting upon posting. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable Terms & Conditions, and your continued use of the App following any changes shall be deemed to be your acceptance of such change.

5. Privacy Policy

Personal information or data provided or collected through or in connection with the App shall only be used in accordance with Nitetronic’s Privacy Policy, and these Terms & Conditions are subject to the Privacy Policy as posted on this Website.

6. Links to Third Party Websites

Nitetronic’s App may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Nitetronic is not responsible for the content or availability of any such sites.

7. Copyright and Trademarks

All copyright, trademarks and other intellectual property rights in the App and the Content (including without limitation the Website or App design, text, graphics and all software and source codes connected with the Website or App) are owned by or licensed to Nitetronic America LLC or otherwise used by Nitetronic America LLC as permitted by law. By accessing the Website or App you agree that you will access the Content solely for your personal, non-commercial use. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website or App for personal, noncommercial home use only.

The user hereby acknowledges that they do not acquire any ownership rights by accessing, using or downloading the App.

8. Disclaimers

The App is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made. Nitetronic expressly disclaims, to the full extent permitted by law, any representations or warranties of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Nitetronic makes no warranty that the functionality of the App will be uninterrupted or error free, that defects will be corrected, or that the App or the servers that make them available are free of viruses or anything else that may be harmful or destructive.

9. Limitation of Liability

To the full extent permitted by law, Nitetronic shall not be liable for any indirect, consequential, punitive, special or incidental or other damages (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the access, use of, or inability to access or use the App and the Content.

10. Indemnity

You agree to indemnify and hold harmless Nitetronic, its employees, agents and assigns from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Nitetronic arising out of any breach by you of these Terms & Conditions, or other liabilities arising out of your use of the Website or App.

11. Severability

If any of these Terms & Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms & Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

12. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the law of the State of California. You hereby agree to submit to the exclusive jurisdiction of the federal and state courts of the State of California for any disputes, claims, or causes of action arising from, or relating to, these Terms & Conditions and your use of the App. The language of the legal proceedings is English.

13. No Waiver

No failure on the part of Nitetronic to enforce any part of these Terms & Conditions shall constitute a waiver of any of Nitetronic’s rights under these Terms & Conditions, whether for past or future actions on the part of any person. Only an explicit, written waiver signed by an authorized representative of Nitetronic shall have any legal effect whatsoever.

14. Headings

The headings of the sections of these Terms & Conditions are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms & Conditions.

Nitetronic-USWEBAPPTC-v.1.0-2016-070

You can email us with any questions or comments at: serviceUSA@nitetronic.com

Nitetronic America LLC