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1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE NATIONAL SECURITY SYSTEMS INC WEBSITE TERMS OF
USE ("TERMS") CAREFULLY.
NATIONAL SECURITY SYSTEMS INC. AND ITS AFFILIATES ("NSS")
PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND
ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY
"YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY
AND BETWEEN NSS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER
THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR
(c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 this website includes without limitation: (a) the NSS Store,
mynss.net, nssinc.us and other on-line services
accessible via the Website (collectively the "Website"); (b)
information such as technical, contractual, product, program, pricing,
marketing, manuals, and other valuable information
("Information"); and (c) content such as data, text, software,
music, sound, photographs, graphics, video, messages, or other materials
("Content"). NSS controls and operates its websites from
various locations and makes no representation that this Website is
appropriate or available for use in all locations. NSS products and
services may not be available in Your location, and deliverables may vary
among locations. If You are using the Website on behalf of Your employer,
You represent and warrant that You are authorized to accept these Terms
on Your employer's behalf, and that Your employer agrees to indemnify You
and NSS for violations of these Terms. In addition to the Terms and
unless otherwise noted, the standard NSS terms and conditions of sale in
your jurisdiction govern purchases You make through the Website, unless
You have in effect a separate valid written purchase or license agreement
with NSS for that product or service, in which case that separate
agreement governs, and in cases of conflict, prevails.
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2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a)
provide accurate, current, and complete information about You as may be
prompted by a registration form on the Website (the "Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data,
and any information You provide to NSS, to keep it accurate, current and
complete; and (d) accept all risks of unauthorized access to information
and Registration Data. You have sole responsibility for adequate
protection and backup of data and/or equipment used in connection with
the Website.
2.2 You are entirely responsible for all Content that You upload, post
or otherwise transmit via the Website. You agree not to upload, post or
otherwise transmit via the Website Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to NSS or other users of the
Website; (b) includes unauthorized disclosure of personal information;
(c) violates or infringes anyone's intellectual property rights; or (d)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment. NSS reserves the
right to edit or remove Content that violates these Terms or that
contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam,
bulk or unsolicited communications; (b) pretend to be NSS or someone
else, or spoof NSS's or someone else's
identity; (c) forge headers or otherwise manipulate identifiers
(including URLs) in order to disguise the origin of any Content
transmitted through the Services; (d) misrepresent your affiliation with
a person or entity; (e) disrupt the normal flow of dialogue or otherwise
act in a manner that negatively affects other users' ability to use the
Website; (f) engage in activities that would violate any fiduciary
relationship, any applicable local, state, national or international law,
or any regulations having the force of law, including but not limited to
attempting to compromise the security of any networked account or site,
operating an illegal lottery or gambling operation, stalking, or making
threats of harm; or (g) collect or store personal data about other users
unless specifically authorized by such users.
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3. CONFIDENTIALITY OF NSS INFORMATION
3.1 The Website contains material that is protected by copyright and
trademark property laws. Unless otherwise specified, the Website is intended
for your personal, noncommercial use only. You may not modify, copy,
reproduce, republish, upload, post, transmit or distribute in any way any
material, including code and software, from the Website. You may download
material from the Website for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary notices. You
may not, for example, republish any portion of the Content on any
Internet, Intranet or extranet site or incorporate the Content in any
database, compilation, archive or cache. You may not distribute any
Content to others, whether or not for payment or other consideration, and
you may not modify, copy, frame, cache, reproduce, sell, publish,
transmit, display or otherwise use any portion of the Website. You may
not scrape or otherwise copy our Website without permission. You agree
not to decompile, reverse engineer or disassemble any software or other
products or processes accessible through the Website, not to insert any
code or product or manipulate the content of the Website in any way that
affects the user's experience, and not to use any data mining, data
gathering or extraction method. Title to contend on this Website remains
with NSS and its suppliers.
3.2 Upon termination of the Terms or NSS's
written request, You must cease use of Confidential Information and
return or destroy it.
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4. CONTENT SUBMITTED TO NSS
4.1 NSS does not claim ownership of the Content You place on the
Website and shall have no obligation of any kind with respect to such
Content. Unless otherwise stated herein, or in NSS's
Privacy
Policy, any Content You provide in connection with this Website shall
be deemed to be provided on a non-confidential basis. NSS shall be free
to use or disseminate such Content on an unrestricted basis for any
purpose, and You grant NSS and all other users of the Website an irrevocable,
worldwide, royalty-free, nonexclusive license to use, reproduce, modify,
distribute, transmit, display, perform, adapt, resell and publish such
Content (including in digital form). You represent and warrant that you
have proper authorization for the worldwide transfer and processing among
NSS, its affiliates, and third-party providers of any information that
You may provide on the Website.
4.2 NSS does not routinely monitor Content, but NSS and its designees
reserve the right to monitor, restrict access to, edit or remove any
Content that is available via the Website.
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5. DELIVERY OF E-MAIL
NSS will attempt to deliver all of the e-mail that is on NSS's Services. However, the nature of e-mail is such
that NSS cannot guarantee delivery of such e-mail.
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6. INDEMNITY
You agree to indemnify and hold NSS and its subsidiaries, affiliates,
shareholders, officers, directors, agents, licensors, suppliers, alliance
members, other partners, employees and representatives harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Your Content, Your use of or connection to
the Website (including any use by You on behalf of Your employer), Your
violation of the Terms, or Your violation of any rights of another.
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7. NOTICES; MODIFICATION AND TERMINATION OF
SERVICES; AMENDMENT OF TERMS
NSS may provide notice to You via email, regular mail, or posting
notices or links to notices on the Website. NSS reserves the right at any
time to modify, suspend or terminate the Services (or any part thereof),
and/or Your use of or access to them, with or without notice. NSS may
also delete, or bar access to or use of, all related Information and
files. NSS will not be liable to You or any third-party for any
modification, suspension, or termination of the Services, or loss of
related information. NSS may amend these Terms at any time by posting the
amended terms on this Website.
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8. ADVERTISEMENTS AND PROMOTIONS
NSS runs advertisements and promotions from third parties on the
Website. Your correspondence or business dealings with, or participation in
promotions of, advertisers other than NSS found on or through the
Website, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between You and such advertiser. NSS is
not responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
non-NSS advertisers on the Website.
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9. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the
Website. You acknowledge and agree that NSS is not responsible for the
availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. NSS will
not be responsible or liable, directly or indirectly, for any actual or
alleged damage or loss caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
site or resource.
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10. TRADEMARKS
"NSS Trademarks" means all names, marks, brands, logos,
designs, trade dress, slogans and other designations NSS uses in
connection with its products and services. You may not remove or alter
any NSS Trademarks, or co-brand your own products or material with NSS
Trademarks, without NSS's prior written
consent. You acknowledge NSS's rights in NSS
Trademarks and agree that any use of NSS Trademarks by You shall inure to
NSS's sole benefit. You agree not to
incorporate any NSS Trademarks into Your trademarks, service marks,
company names, Internet addresses, domain names, or any other similar
designations, for use on or in connection with computer or
Internet-related products, services or technologies.
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11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND
CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NSS
DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. NSS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS
OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF THE WEBSITE.
11.2 NSS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE
WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE
WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
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12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, NSS IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,
REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS,
OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE
WEBSITE, EVEN IF NSS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD
HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE),
INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE
INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL
BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR
INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION
OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
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13. NATIONAL SECURITY SYSTEMS’S PRIVACY
POLICY
You consent to the collection, processing and storage by NSS of Your personal
information in accordance with the terms of NSS's
Privacy Policy, which is available at http://www.nationalsecuritysystems.net/privacy/privacy.html.
You agree to comply with all applicable laws and regulations, and the
terms of NSS's Privacy Policy, with respect to
any access, use and/or submission by You of any personal information in
connection with this Website.
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14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and NSS
relating to their subject matter, and cancel and supersede any prior
versions of the Terms. No modification to the Terms will be binding,
unless in writing and signed by an authorized NSS representative. You
must not assign or otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms and conditions
that may apply when You use NSS or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10
of the Terms will result in irreparable harm to NSS for which damages
would be an inadequate remedy and, therefore, in addition to its rights
and remedies otherwise available at law, NSS will be entitled to
equitable relief, including both a preliminary and permanent injunction,
if such a breach occurs. You waive any requirement for the posting of a
bond or other security if NSS seeks such an injunction.
14.3 California law and controlling U.S.
federal law govern any action related to the Terms and/or Your use of the
Website. Choice of law rules of any jurisdiction and the United Nations
Convention on Contracts for the International Sale of Goods will not
apply to any dispute under the Terms. You and NSS agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Orange,
California, U.S.A.
14.4 Rights and obligations under the Terms which by their nature
should survive will remain in full effect after termination of the Terms.
14.6 Any express waiver or failure to exercise promptly any right
under the Terms will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any law
or regulation of any government, or by any court or arbitrator, the
parties agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other provisions
of the Terms will remain in full force and effect.
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January 1, 2003
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