IDSC Holdings, LLC
TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site.
RESTRICTIONS ON USE
The materials published in this site, www.nexiq.com (the "Site")and any other World Wide Web site owned, operated, licensed, or controlled by IDSC Holdings, LLC, ("IDSC") or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of IDSC or any of its relevant related, affiliated or subsidiary company or companies, as the case may be, EXCEPT: you may download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the Materials on any network computer or distribute the Materials in any media. Modification or use of the Materials for any other purpose violates IDSC's intellectual property rights. IDSC owns or has licensed all Materials contained in this Site and retains all right and title to them. The Materials in this Site are provided for lawful purposes only.
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IDSC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. IDSC DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IDSC DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT IDSC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
EQUAL OPPORTUNITY EMPLOYER
IDSC is an equal opportunity employer committed to a diverse workforce. IDSC's independent sales representatives and distributors hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
RESTRICTION OF LIABILITY
IDSC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. IDSC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY IDSC OR BY AN AUTHORIZED IDSC REPRESENTATIVE, OR AN AUTHORIZED IDSC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. IDSC'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO IDSC, IF ANY, TO ACCESS THIS SITE.
If you wish to submit a product idea for which you claim intellectual property rights, please send an e-mail to Customer.Service@nexiq.com, or write to: NEXIQ Technologies®, IDSC Holdings, LLC, Product Ideas, 2950 Waterview Dr., Rochester Hills, MI 48309 requesting our terms for receiving such ideas. Do not send the product idea at this time.
NEXIQ and NEXIQ Technologies are trademarks of IDSC Holdings, LLC. All other IDSC trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of IDSC Holdings, LLC or its affiliates. IDSC claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of IDSC or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact IDSC by sending an e-mail to Customer.Service@nexiq.com, or writing to NEXIQ Technologies, IDSC Holdings, LLC, Product Ideas, 2950 Waterview Dr., Rochester Hills, MI 48309, to request written permission to use Materials on this Site for purposes other than stated in the Terms and Conditions or for all other questions relating to this Site.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of IDSC. IDSC does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. IDSC provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by IDSC.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. IDSC has no responsibility for the content of such other sites, IDSC does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and IDSC shall not be liable for any damages or injury arising from the content of or access to these other sites. IDSC does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by IDSC, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of IDSC.
IDSC or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon IDSC's request, certify in writing that all Materials have been destroyed.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials on this Site are made available only to provide information about IDSC. IDSC controls and operates this Site from the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some software from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
All information available at this Site may be subject to US export control laws and may also be subject to the laws of the country where you reside. All IDSC products and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government") is provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software ¾ Restricted Rights at 48 CFR 52.227-19, as applicable.
Access to this Site and its terms and conditions are governed by U.S. federal law and/or the laws of the State of Michigan, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN, U.S.A. AND, IN THE CASE OF ARBITRATION THE ARBITRATION SHALL TAKE PLACE IN CHICAGO, ILLINOIS ACCORDING TO THE PROCEDURE SET FORTH BELOW. YOU AND IDSC AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between you and IDSC concerning this Site or the Materials shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Chicago, Illinois. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek provisional remedies from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.
No delay or omission by IDSC to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by IDSC of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
IDSC can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.