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Thank you for visiting the NATION Technologies website (the "Site"). This page sets out the terms and conditions ("Terms and Conditions") which will govern your use of the Site and compliance with these rules is a condition to your use of the Site. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site.
All pages and content within this Site, including without limitation the text, images, audio and video, and any materials accessed through or made available for use or download through this Site (“Content”) are the property of NATION Technologies. The Site is protected by United States and international copyright and trademark laws. No parts of this Site or the Content may be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of NATION Technologies. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout or form) of NATION Technologies without our express written consent.
Although NATION Technologies attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform NATION Technologies so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You are able to download NATION Technologies Software (“Software”) and related Content from the site. You agree that your use of all NATION Technologies Software, including Software distributed for no charge such as the BIOWRAP Reader application, is governed by the Terms and Conditions and the terms and conditions of the End User License Agreement applicable to such NATION Technologies Software. In the event of a conflict between these Terms and Conditions and the End User License Agreement, the terms of the End User License Agreement shall prevail.
You may be allowed to purchase hardware products or equipment from NATION Technologies through this Site (“Hardware”). You agree that all Hardware products are sold to you pursuant to these Terms and Conditions and NATION Technologies’ standard Hardware Terms and Conditions [http://nationtechnologies.com/hardware-terms-conditions]. In the event of a conflict between these Terms and Conditions and the Hardware Terms and Conditions, the terms of the End User License Agreement shall prevail.
You are able to use the Site to authorize payment for NATION Technologies products and services using a credit card. Your acceptance of this Agreement is your approval for NATION Technologies to charge your credit card for all charges, fees and other amounts you owe to NATION Technologies. For recurring payments, you agree to provide NATION Technologies with only accurate information pertaining to your credit card account, and to keep such information complete and accurate at all times. You agree that additional charges may be assessed if payment is denied by your Credit Card Company or bank. For recurring payments, in the event you cancel or change credit cards, you agree to provide NATION Technologies with your current credit card or checking account information.
By using the Site and accepting this Agreement you agree that NATION Technologies can communicate with you, and provide legal notification to you, electronically using the email address that you have provided to NATION Technologies in connection with your use of the Site. You agree to notify NATION Technologies if you change your email address or if you would like NATION Technologies to communicate with you and provide notices to you at a different email address. You will be deemed to have received communications and notifications from us to the email address you provide to NATION Technologies even if it is an email address you do not regularly check. You may withdraw your consent to receiving electronic communications from NATION Technologies by notifying NATION Technologies at P.O. Box 952258, Lake Mary, Florida 32795; Attention BIOWRAP Electronic Communications Division. If you withdraw your consent, you will not be able to use this Site or make payments electronically.
You may use this Site only as permitted by these Terms and Conditions, and in accordance with applicable law, and for you internal business purposes. You agree not to access or attempt to access any materials or accounts of any third-party or that you are otherwise not expressly authorized to use or access. You are responsible for maintaining the confidentiality and security of your log in information, including username, password and other account information. You agree not to transmit or upload any software, programs or files that are harmful or disruptive to the Site or any third-party, including any corrupted files, time bombs, Trojan horses, viruses and worms. In the event you upload or transmit any communications, files or other content (“Files”) through the Site, you agree that you have the full right and authority to use and transmit such Files, and that the Files do not infringe or misappropriate any patent, copyright, trademark or trade secret of any third-party.
NATION TECHNOLOGIES DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WARRANTIES WITH RESPECT TO SOFTWARE AND HARDWARE PRODUCTS PROVIDED BY NATION TECHNOLOGIES ARE CONTAINED IN SEPARATE WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH SUCH SOFTWARE AND HARDWARE. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS." EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS SITE AND ALL NATION TECHNOLOGIES PRODUCTS AND SERVICES ARE PROVIDED WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. NATION TECHNOLOGIES SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. NATION TECHNOLOGIES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, NATION TECHNOLOGIES PRODUCTS AND SERVICES AND HYPERLINKED WEBSITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NATION TECHNOLOGIES DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT NATION TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
NATION TECHNOLOGIES AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, NATION TECHNOLOGIES PRODUCTS OR SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Site can be accessed from countries around the world and may contain references to NATION Technologies products, services and programs that are not available in your country. These references do not imply that NATION Technologies intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by NATION Technologies from its offices within the United States of America. NATION Technologies makes no representation that the Site or the Content are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or the Content is illegal or prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
The export and re-export of NATION Technologies Software is controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List or the List of Specially Designated nationals. By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List or the List of Specially Designated nationals.
All NATION Technologies Software, products and publications are commercial in nature. The Software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.
NATION Technologies makes no representations whatsoever about any other website that you may access through this Site. When you access a non-NATION Technologies Site, please understand that it is independent from NATION Technologies, and that NATION Technologies has no control over the content on that website. In addition, a hyperlink to a non-NATION Technologies website does not mean that NATION Technologies endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
You agree to defend, indemnify and hold harmless NATION Technologies and its directors, officers, agents, employees, members, subsidiaries and successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost or expense, including, without limitation, attorneys' fees, experts' fees and court costs, arising out of your breach of these Terms and Conditions or your use of the Site (collectively, "Claim(s)"), including the payment of all amounts that a court or arbitrator finally awards or that you agree to in settlement of any Claim(s).
NATION Technologies reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Florida, excluding its laws regarding conflicts of laws. In the event of a dispute concerning these Terms and Conditions, the dispute shall be resolved by binding mandatory arbitration in Orlando, Florida using the American Arbitration Association. These Terms and Conditions constitute the entire agreement between NATION Technologies and you pertaining to the subject matter hereof. In its sole discretion, NATION Technologies may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Data-centric protection, controls and auditing is becoming a topic with teeth in the regulatory environment.
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