Neximaging.com Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Neximaging.com INC. (Neximaging.com), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
- Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Neximaging.com's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change.
- Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Neximaging.com, Inc. ("Neximaging.com"). (References to "you" or "your" shall relate to a customer of Neximaging.com or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Neximaging.com" shall relate to Neximaging.com, Inc. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Neximaging.com from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Neximaging.com from its offices within the United States. Neximaging.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. .
- Access, Interference and Linking
Neximaging.com grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Neximaging.com.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Neximaging.com; collection or use of any product listings, descriptions, photos, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Neximaging.com.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Neximaging.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Neximaging.com logo or other proprietary graphic or trademark as part of the link without express written permission.Neximaging.com does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
- Use Restrictions
The copyright in all material provided on this Site is held by Neximaging.com or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Neximaging.com or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Neximaging.com's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. Neximaging.com and the Circle of Service logo are registered trademarks of Neximaging.com Inc. Copyright 2001 Neximaging.com Inc.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Neximaging.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Neximaging.com OR A Neximaging.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Communications to Neximaging.com
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Neximaging.com for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Neximaging.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Neximaging.com or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
- Neximaging.com Commitment
To assure our customers of our commitment to the privacy of business and personal information, Neximaging.com has adopted and complies with this Privacy Policy in connection with the operation of its business and the delivery of its services. This policy applies to Neximaging.com handling of any information transmitted electronically, sent by e-mail or otherwise collected in the normal course of business.
Neximaging.com is committed to safeguarding the privacy and security of members of Neximaging.com e-community and visitors to our site in general. The nature of our business requires that we capture, record and maintains extensive transaction-related data, including personal information of buyers purchasing from Neximaging.com. Significant security measures are in place to protect this data and no information is shared except as provided in these policies
- Information Collected
In order to comply with informational requests made at our web site, and in order to provide transaction and payment processing services, Neximaging.com is required to collect and maintain on its systems certain personal and business information relating to the request or transaction. This information varies by the nature in which a buyer utilizes the Neximaging.com services and may include but is not limited to name and address, e-mail address, telephone numbers, purchase information, type of payment, amount of transaction, credit card numbers, passwords, shipping preferences, package tracking information, buyer identification numbers, and other order or buyer information.
Additionally, we may collect other non-identifying information, including IP (Internet Protocol) address, operating system and type of browser software.
- How Information Is Collected
When information is requested at the Neximaging.com site, the visitor is asked to complete an on-line request form. During completion of this form, a visitor is asked to provide contact information, including name and e-mail address. This information is used to contact the visitor in response to a specific request for information. In some cases, visitors may be requesting to be added to a mailing list, which may generate periodic communication from Neximaging.com.
For transaction and payment processing services, information will either be collected securely, using the Secure Sockets Layer (SSL) technology, from an on-line order form, or will be posted to Neximaging.com payment gateway using SSL encrypted name-value pairs or xml formatted requests. Under no circumstances does Neximaging.com ever request transaction related information through any means that is not secure and encrypted.
Other transaction and service related Neximaging.com personnel may obtain by telephone, facsimile transmission, e-mail, or in person information. All such information obtained in the normal course of business is subject to this Privacy Policy once the information is in the possession of Neximaging.com.
Under no circumstances does this Privacy Policy apply to information during transmission to Neximaging.com, whether encrypted or not.
- Use Of Information
Information collected by Neximaging.com is used solely in connection with the provision if its services to the buyer and the information is accessible only to authorized Neximaging.com personnel and the parties to an individual transaction, including banks and credit card processing companies where necessary. Neximaging.comshares no information with third parties except as may be required by due process of law pertaining to specific transactions between buyers and sellers. Specifically, no information of any kind is made available to or sold to third parties for informational, analytical or marketing purposes. All information collected by Neximaging.com is maintained for a minimum of three (3) years.
- Access To Personal Information
Only authorized Neximaging.com personnel have access to personal information stored on Neximaging.com computer systems. For buyers, access to this information is available only by specific request and only to the buyer who engaged in a transaction.
Neximaging.com maintains a secure administration system which controls and logs all access to any personal information. Highly sensitive information, such as credit card numbers are always encrypted and are made available only to users with a security level capable of viewing such information.
Neximaging.com support personnel have access to transaction information in order to provide necessary support to our buyers. Neximaging.com limits employee access to those employees with a legitimate reason to access such information
- Financial Information
As a member of the financial processing community, Neximaging.com is compliant with Visa International standards for protecting account and transaction information and is subject to compliance with a number of other industry mandated privacy and security practices, including the following:
� We provide network firewall security to protect data accessible via the Internet.
� We maintain industry recommended security practices and monitor our systems to ensure they contain the most up-to-date security and software patches.
� We encrypt all sensitive data stored on our systems, including credit card numbers and bank account information.
� We use state-of-the-art Secure Socket Layer (SLL) data encryption technology to ensure that all data sent across all networks is secure.
� We deploy and use anti-virus software.
� We monitor and control all access by buyers and Neximaging.com employees to all data stored on our systems.
� We assign each system user a unique User ID and password that must be updated on a regular basis.
� We follow industry standards for assigning and administering passwords and other security parameters, and do not allow any default, vendor-assigned password to remain on any of our systems.
� We record and monitor all access to our systems by a uniquely assigned User ID and password
.� We monitor and test the security of our networks and systems and review access log files daily.
� We maintain this written policy concerning Neximaging.com security and privacy practices.
� We restrict, through locked data center facilities and secure off-site storage, access to all sensitive financial information, including credit card number information.
- Personal Information Accuracy
Neximaging.com understands and respects the importance of the information it collects and stores and makes every effort to control the accuracy and integrity of that information. In the event any visitor or buyer information changes or is found to be inaccurate, Neximaging.com will provide a way to update or correct that information.
All requests to verify or change any information stored on Neximaging.com systems should be forwarded to the Neximaging.com Customer Support Center:
By Telephone (9:00am - 5:00pm) EST
- Use Of Cookies
Cookies consist of information transferred to the hard drive of a visitor or buyer for the purpose of identifying the user or saving specific information about the user, such as personal preferences.
Neximaging.com does NOT use cookies or any similar technology that stores information on a visitors or buyers hard drive.
- Access Log Information
An IP address is the numeric address of a computer connected to the Internet. This address may be permanent or temporary depending on the type of connection. In all cases, the IP address is unique to only one computer or proxy server at one particular time.
Neximaging.com uses the IP address of the visitor or buyer for the purpose of tracking movement within the site, analyzing trends, reviewing broad demographic data and administering the site. All such information is used in an aggregate method only and not to monitor the movements or trends of any individual visitor or buyer.
- Access Log Information
An IP address is the numeric address of a computer connected to the Internet. This address may be permanent or temporary depending on the type of connection. In all cases, the IP address is unique to only one computer or proxy server at one particular time.
Neximaging.com uses the IP address of the visitor or buyer for the purpose of tracking movement within the site, analyzing trends, reviewing broad demographic data and administering the site. All such information is used in an aggregate method only and not to monitor the movements or trends of any individual visitor or buyer.
- Promotions, Contests and Surveys
From time-to-time, Neximaging.com will request information from visitors in connection with a promotion, contest or survey. Participation in such activities is completely voluntary. Information requested may include contact information, such as name and address, and other demographic information such as zip code, number of employees, sales or transaction volumes and other business related information. Contact information will be used only for the purposes of qualifying entries, contacting the winners, awarding prizes, or sending responses to questions or inquiries. The use of information from any particular survey will be made available within each survey and may include use for industry studies, customer preference reviews or for monitoring or improving use and satisfaction of Neximaging.com products and services.
- Links and Third-Party Information
The Neximaging.com site and the order pages of Neximaging.com may contain links to other web sites. Neximaging.com is not responsible for the practices and privacy policies of the owners and operators of those sites. This Privacy Policy applies only to information collected by Neximaging.com.
- Privacy Policy Revisions
Neximaging.com reserves the right to revise, amend, or modify this Privacy Policy, or any other practice or policy, at any time and in any manner. Notice of any such revision, amendment or modification will be posted on the Neximaging.com web site and will be available in an updated version of this document.
Price, specifications and terms of offers are subject to change without notice. Neximaging.com is not responsible for typographical and/or photographical errors. Retail products are accompanied by the original manufacturer warranty. Neximaging.com reserves the right to refuse service to anyone.