|
TERMS OF USE
PLEASE READ THESE TERMS OF USE VERY CAREFULLY. |
Welcome to our website (“Site”). We maintain this
Site as a service to our customers. BY USING THE
SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND
BY THE FOLLOWING TERMS OF USE (“Terms of Use”). For
purposes of these Terms of Use, the terms “we,”
“us,” our” and "Quixana Productions” refer to
Quixana Productions , and “you” and “your” refers to
you, as a user of our site. We may change these
Terms of Use at any time, without prior notice. If
you access or use the Site after we post a change,
you accept that change. If you do not accept the
change, do not access or use the Site. You should
check these Terms of Use periodically. USE OF THIS
WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE
FOLLOWING TERMS OF USE, IN THEIR CURRENT FORM OR AS
MODIFIED.
1. Subject to your performance of all of the
provisions of these Terms of Use, Quixana
Productions hereby grants you, a limited,
terminable, personal, non-exclusive license to
access and use the Site solely as provided herein
and not to download (other than page caching and
other than the product brochures, tutorials, quick
guides and training videos that you are permitted to
download through links on the Site) or modify the
Site or any information or data therein. You may use
the Site to browse Quixana Productions’s product
information, to request support and to communicate
with us. Notwithstanding anything to the contrary
herein, all rights not specifically granted in the
license set forth above shall be reserved and remain
always with Quixana Productions. No minors may use
or access the Site. By agreeing to these Terms of
Use, you hereby warrant that you are at least 14
years of age and are legally capable of agreeing to
these Terms of Use. We will not be liable for any
loss or damage arising from your failure to comply
with these terms. Your right to use the Site is not
transferable
2. Nothing contained herein shall be construed by
implication, estoppel or otherwise as granting to
the user an ownership interest in any copyright,
trademark, patent or other intellectual property
right of Quixana Productions or any third party.
3. You will use the Site in accordance with all
applicable laws. Quixana Productions may, without
notice, terminate your access to the Site or take
other actions as are reasonably necessary to comply
with legal requirements and as necessary to protect Quixana
Productions’s networks, information and the security
and integrity of the Site.
4. You are solely responsible for any and all acts
and omissions that occur under your login to the
Site, and you shall not to engage in unacceptable
use of the Site, which includes, without limitation,
use of the Site to: (a) create a false identity or
to otherwise attempt to mislead any person as to the
identity or origin of any communication; (b)
misrepresent or otherwise attempt to mislead any
person as to your information or otherwise engage in
fraudulent or deceptive conduct; (c) interfere,
disrupt or attempt to gain unauthorized access to
other accounts on the Site or any other computer
network or to portions of the Site that are
restricted; (d) disseminate, store or transmit
viruses, trojan horses or any other malicious code
or program; or (e) engage in any other activity
deemed by Quixana Productions to be in conflict with
the spirit or intent of these Terms of Use.
5. The content, including, but not limited to, all
product brochures, tutorials, quick guides and
training videos contained within or linked into the
Site, organization, graphics, design, compilation,
and other matters related to the Site are protected
under applicable U.S. and international copyright,
trademark and other proprietary (including but not
limited to intellectual property) rights. “Quixana
Productions,” our logos and others marks are either
trademarks or registered trademarks of Quixana
Productions and/or our affiliate Quixana
Productions. The posting of information or materials
on the Site by Quixana Productions does not
constitute a waiver of any rights in such
information and materials. Quixana Productions
and/or any affiliates of Quixana Productions
exclusively owns all worldwide right, title and
interest in and to all documentation, software,
contents, graphics, designs, data, computer codes,
ideas, know-how, “look and feel,” compilations,
magnetic translations, digital conversions and other
materials included within the Site and related to
the Site, and all modifications and derivative works
thereof, and all intellectual property rights
related thereto. You shall not challenge, contest or
otherwise impair Quixana Productions’s ownership of
the Site and the content therein or the validity or
enforceability of Quixana Productions’s intellectual
property rights related thereto. We reserve the
right in our sole discretion to edit or delete any
documents, information or other content appearing on
the Site at any time without notice. Product, terms
and other information provided herein are subject to
change without notice.
6. You are responsible for obtaining, installing and
maintaining your own internal equipment and
communications services necessary to access and use
the Site. You shall be solely responsible for any
telephone charges, Internet access fees, and other
such similar fees and expenses that you incur by
accessing the Site.
7. Any and all information that we obtain from you,
or from transactions processed through the Site,
including names, addresses, telephone numbers,
e-mail addresses and any other information
concerning use, transactions, and traffic through
the Site may be collected and used by us as provided
in our Privacy Policy which can be accessed through
the following
8. THIS SITE AND THE MATERIALS CONTAINED HEREIN,
INCLUDING, BUT NOT LIMITED TO, OR LINKED INTO THE
SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING
OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE.
YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE
SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. Quixana Productions SHALL HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE
OF ANY INFORMATION OR SERVICE ACCESSED THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Quixana Productions
THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE OF ANY KIND. Quixana
Productions is not responsible for the contents of
any linked sites or any link contained in a linked
site, or any changes or updates to such sites.
9. Quixana Productions SHALL NOT BE RESPONSIBLE FOR
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT
ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY
VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO
USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF
THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST
BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY
OTHER CAUSE WHATSOEVER.
10. These Terms of Use shall be interpreted and
enforced according to the substantive laws of the
State of California, without application of its
conflicts or choice of law rules. Should any part of
these Terms of Use be held invalid or unenforceable,
that portion shall be severed and the remaining
portions shall remain in full force and effect. Our
failure to enforce any provision of these Terms of
Use shall not be deemed a waiver of such provision
nor of the right to enforce that or any other
provision of these Terms of Use. In the event a
dispute arises regarding these Terms of Use or the
use of this Site, the prevailing party shall be
entitled to recover reasonable attorneys’ fees and
costs incurred, in addition to damages and any other
relief to which it is entitled.
|
|
|
|
|
|
Privacy Policy |
|
For purposes of
this Privacy Policy (“Policy” or “Privacy Policy”),
the terms “we,” “us,” “our” and “Quixana
Productions” refer to Quixana Productions Property ,
a California LLC, and “you” and “your” refers to
you, as a user of our site. The Privacy Policy below
governs any information you provide on this site. |
-
Overview
In order to keep you apprised of our new
products, updates, seminar information,
discounts and special offers and to provide
clinical support and technical support to you we
may ask you to provide information about
yourself, your product application and results
you may have achieved. We will not sell or rent
your information to third parties except as set
forth in Part D below. As described in more
detail in Part D below, there are limited
circumstances in which some of your information
and other nonpublic personal information will be
shared with third parties, under strict
restrictions, so it is important for you to
review this Privacy Policy. By using our site,
you expressly consent to our collection and use
and disclosure of your personal information in
the manner described in this Privacy Policy.
This Policy may be revised over time as we add
new services and features or as we incorporate
suggestions from our customers. Any material
changes will be effective immediately. The
amended Privacy Policy will always be posted on
our website. Please check our website at any
time for the most current version of our Privacy
Policy.
Our website may include links to third party
websites. These sites are governed by their own
privacy statements and policies, and Quixana
Productions is not responsible for their
operations, including but not limited to their
information practices. Users submitting
information to or through these third party
websites should review the privacy statement and
policy of these sites before providing them with
nonpublic personal information.
-
What
information of yours we collect We collect
nonpublic personal information about you from
the following sources:
Information about your identity such as your
name, address and contact information when you
submit a case for our review or when submit a
support request on our site; Surveys,
applications and other forms filled by you on
our site; and Log files of our site.
-
How your
information is used
We use the nonpublic personal information we
collect about you in order:
- To effect, administer, or enforce
transactions that you have requested or
authorized or to maintain or service your
customer account with us;
- To respond to your requests, customize your
experience on our website, and to communicate
with you about updates to your products, and
about new products, seminars, discounts, special
offers and other services we provide that we
think will be of interest to you;
- To comply with a law, regulation, legal
process, or court order which applies to us;
- We share aggregated statistical data with our
business partners or for public relations.
However, this aggregated information is not tied
to any nonpublic personal information; and
- We also use IP address information to analyze
trends, administer the site, improve site
performance and gather broad demographic
information for aggregate use.
-
With whom
your information may be shared
- We share your information with any affiliate
of Quixana Productions, to provide product and
technical support that you have requested or
authorized;
- We may also share your information with our
service providers, as permitted by law, to
effect, administer, or enforce transactions that
you have requested or authorized; - We may share
general information, that does not include any
nonpublic personal information about the Quixana
Productions web site with third parties. If Quixana
Productions (or substantially all of our assets)
is acquired, we expect that customer information
would be transferred along with the other
business assets as permitted by law; and
- We may also disclose nonpublic personal
information about you to nonaffiliated third
parties as permitted by law.
-
Security
procedures
We restrict access to nonpublic personal
information about you to those employees who
need to know that information to provide
products or services to you. We maintain
physical, electronic, and procedural safeguards
to guard your nonpublic personal information.
-
Children
Children are not eligible to use our site and we
ask that minors (under the age of 18) do not
submit any personal information to us or use the
site.
We use the
nonpublic personal information we collect about
you in order:
- To effect, administer, or enforce
transactions that you have requested or
authorized or to maintain or service your
customer account with us;
- To respond to your requests, customize your
experience on our website, and to communicate
with you about updates to your products, and
about new products, seminars, discounts, special
offers and other services we provide that we
think will be of interest to you;
- To comply with a law, regulation, legal
process, or court order which applies to us;
- We share aggregated statistical data with our
business partners or for public relations.
However, this aggregated information is not tied
to any nonpublic personal information; and
- We also use IP address information to analyze
trends, administer the site, improve site
performance and gather broad demographic
information for aggregate use.
-
With whom
your information may be shared
- We share your information with any
affiliate of Quixana Productions, to provide
product and technical support that you have
requested or authorized;
- We may also share your information with
our service providers, as permitted by law,
to effect, administer, or enforce
transactions that you have requested or
authorized; - We may share general
information, that does not include any
nonpublic personal information about the Quixana
Productions web site with third parties. If Quixana
Productions (or substantially all of our
assets) is acquired, we expect that customer
information would be transferred along with
the other business assets as permitted by
law; and
- We may also disclose nonpublic personal
information about you to nonaffiliated third
parties as permitted by law.
Security procedures
We restrict access to nonpublic personal
information about you to those employees who
need to know that information to provide
products or services to you. We maintain
physical, electronic, and procedural safeguards
to guard your nonpublic personal information.
|
|
|
