TERMS OF USE

This App (“App”) is operated by DepthLink.Inc (“we”, “our”, or “us”). Please read the following terms and conditions (the‘Terms of Use’) carefully before using the App. By accessing this App, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the App. We recommend that you keep a printed copy of these Terms of Use for future reference.

1.INTELLECTUAL PROPERTY OWNERSHIP AND USE

Please be aware that as you visit and navigate the App, your use of our App is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

2.TRADEMARKS

We own all rights in and to the NiceIQ trademark and other trademarks and logos that appear on our site. In addition, some other trademarks may appear on our App that are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

3.COPYRIGHT

All designs, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the App, as well as the software used to create them, are owned by us or used with permission by us and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the App solely for personal, non-commercial purposes related to placing an order or shopping on the App. Any other use of any content included on the App, including linking or framing this App, is strictly prohibited unless you first obtain prior written consent from us or the owner of the material you wish to use.

4.INFRINGEMENT NOTICE

We respect the intellectual property rights of others and require that our users do the same. If you believe your work is being used in connection with our App in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the App, please notify us by sending an email to the following address: support@depthlink.com.
In order for us to more effectively assist you, the notification must include all of the following:
A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
A description of the copyrighted work or other right you claim has been infringed or violated;
Information reasonably sufficient to locate the material in question on the App;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

5.NON-CONFIDENTIAL INFORMATION

Except for information necessary to place an order, do not send to us any confidential or proprietary information through this App and do not send us any such confidential information by any means other than through the secure ordering portion of our App. Any information, materials, suggestions, ideas or comments otherwise sent to us will be considered non-confidential, and, by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

6.ERRORS AND INACCURACIES

We always try to provide complete, accurate, up-to-date information on our App. Unfortunately, despite those efforts, human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and your monitor could affect the accuracy of the display and the colors and look of products shown on the App. If you believe that a product offered by us is not as described, your sole remedy is to return it to us for a refund in unused condition.

7.DISCLAIMER OF WARRANTY

We make no representations or warranties of any kind, whether express or implied, with respect to this App, its content, or the information available on or through it; this App is provided ‘as is’, with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this App or any other App linked to it.
We make no representations or warranties of any kind that the App will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the App or the server that houses it are free of viruses or bugs or are fully functional, accurate, or reliable.

8.LIMITATION OF LIABILITY

We will not be liable for any economic losses, damage to property or data, or any loss of goodwill or reputation, or any other special or indirect or consequential losses arising out of your use of the App. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
If you are dissatisfied with any product you order from us or if you receive late delivery of a product, your sole remedy is to return the unused product to us for a full refund.

9.ORDERS

Nothing on the App constitutes a binding offer to sell products described on the App or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the App are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

10.INDEMNIFICATION

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE App, OR THE USE BY ANY OTHER PERSON ACCESSING THE App USING YOUR COMPUTER OR YOUR ACCOUNT.

11.APPLICABLE LAW

By visiting niceiq.com or using NiceIQ app, you agree that the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of our App.

12.YOUR CONSENT

You acknowledge that the Privacy Policy as well as any other terms or policies stated on our App are part of the Use, and that using our App signifies your consent to our Privacy Policy, any other terms or policies, and the Terms of Use provided above. You also agree