These are the terms and conditions that govern usage of this web site of Nayatek LLC.
By using the Site, you agree to be bound by these terms and conditions and, where appropriate, any other terms and conditions, guidelines or rules applicable to other products or services that may be posted from time to time. If you do not agree with any part of the following terms and conditions, you must not use the Site. If you are uncertain, you may always contact us at administration@nayatek.com . The Site is an advertisement for Nayatek. Nayatek makes no promise that materials on the web site are appropriate or available for use in locations outside the United States (US) and accessing the web site from locations outside the US if its contents are illegal there is prohibited.
No Responsibility for Errors or Other Inaccuracies
Nayatek is not responsible for typographic errors or other inaccuracies in the content provided on the Nayatek web site. Nayatek has made best efforts to ensure that the information contained in the Nayatek web site is accurate and reliable. However, errors may occasionally occur. Therefore, all information and materials are provided "AS IS" without any warranty of any kind. NAYATEK DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE NAYATEK WEB SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Nayatek reserves the right to modify the product and service information contained in the Nayatek web site without notifying current or prospective customers. IN NO EVENT WILL NAYATEK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR PAYMENTS BASED ON, THE INFORMATION CONTAINED IN THE NAYATEK WEB SITE.
Links to Other Web Sites
Nayatek makes no representations whatsoever about any other web sites which you may access from the Nayatek Web Site. When you access a non-Nayatek web site, please understand that it its independent from Nayatek and that Nayatek has no control over the content on that web site. A link to a non-Nayatek web site does not mean that Nayatek endorses or accepts any responsibility for the content or use of such web site.
Treatment of Feedback & Responses Provided to Nayatek
Any comments or materials sent to Nayatek, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. Nayatek shall have no obligation of any kind with respect to such response, and Nayatek shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. Nayatek shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
Nayatek Trademarks Notice
Nayatek, The Future of Archiving & Discovery, Nayatek- Complexity Made Simple, Active Archiver are trademarks of Nayatek, registered in the U.S.. All other trademarks are the property of their respective owners.
Software Available on Nayatek Web Site
Any software that is made available to download or use from the Nayatek web site ("Software") is the copyrighted work of Nayatek and/or its licensors. Use of the Software is subject to the terms and conditions of the license agreement which accompanies or is included with the Software or other applicable license agreement between you (and the entity you represent) and Nayatek ("License Agreement"). You must read and accept such License Agreement before you (and the entity you represent) use the Software. Any use, reproduction or distribution of the Software that is not in accordance with the License Agreement is expressly prohibited.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NAYATEK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If the Software is used by the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.
Use of Content on the Nayatek Web Site
Limited Right to Use, Print and Distribute Content: Except as expressly stated otherwise, you are authorized to view, copy, print and distribute the content of the Nayatek Web Site subject to the following conditions: (i) it is used for informational, non-commercial purposes only; (ii) any copy or portion must include the Nayatek copyright notice "© 2009 Nayatek. All Rights Reserved"; (iii) no modifications are made; and (iv) Nayatek reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from Nayatek.
Pricing and Availability Information
Pricing and availability as set forth in the Nayatek web site are subject to change without notice, and may not be available in all countries. The Nayatek web site may contain references to Nayatek products, services and programs that have not been announced in your country. These references do not imply that Nayatek intends to announce or make available such products, services or programs in your country. Further, the Nayatek Web Site may contain references to future planned Nayatek products. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed.
Third Party Company and Products (Real and Fictitious)
Mention of third party companies and products on the Nayatek Web Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Except as may be expressly stated otherwise, all third party products must be ordered directly from the vendor, and all licenses and warranties, if any take place between you and the vendor. All persons and companies listed in any examples on the Nayatek Web Site are purely fictitious, and resemblance to existing persons and companies is purely coincidental.
Use of the Nayatek Web Site by Children
While Nayatek's product ad campaigns and marketing materials may be viewed by children, we do not generally target children as customers or solicit data from them. Nayatek encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, Nayatek's web site by visitors under 18 years of age without the consent of their parent or guardian.
Access to Password-Secure Areas
Nayatek may restrict certain secure areas of this Site to authorized users and permit access to these secure areas only by the use of a confidential password. Unauthorized individuals attempting to access such areas of this Site are in explicit violation of these Conditions of Use and may be subject to prosecution and applicable damages.
You are solely responsible for maintaining the confidentiality and security of your password(s) and Nayatek Account(s). You understand and agree that you a fully responsible for all actions and postings made from your Nayatek Account(s). Any accounts you are create are not transferable. You agree to notify Nayatek immediately if you become aware of any unauthorized use of your Nayatek Account(s).
Indemnity
You agree to defend, indemnify, and hold harmless Nayatek, together with its respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement; or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Nayatek or third parties.
