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Terms oF SERVICE
Revised: 06/15/2018
Welcome to Netix Solutions!
Welcome to Netix Solutions, LLC! We are a web design and development company based in Pasco County, Florida, specializing in drone services, business branding, and small business consultation. Our address is 27251 Wesley Chapel Blvd Suite 1190 Wesley Chapel, Florida 33544. Please read these terms of service carefully before using our website and services. If you do not agree to these terms, do not use our website or services.
By using our Services, you agree to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms, agreements, or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some communications are mandatory.
Intellectual Property
You agree that Netix Solutions owns and holds all intellectual and other property rights and copyrights to the assembled work of the source code, programs, scripts, photos, layout, documents, graphics, and text produced by Netix Solutions (“Netix Solutions’s Intellectual Property”). You as a client agree that title, ownership, or interest in Netix Solutions’s Intellectual Property is not being transferred to Client and remains the property of Netix Solutions. Client agrees to make no claim of interest in Netix Solutions’s Intellectual Property. Netix Solutions agrees that Client owns and holds all intellectual and other property rights and copyrights of photos, documents, graphics, data, and text produced by Client (“Client’s Intellectual Property”). Netix Solutions agrees that title, ownership, or interest in Client’s Intellectual Property is not being transferred to Netix Solutions and remains the property of Client. Netix Solutions agrees to make no claim of interest in Client’s Intellectual Property.
These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Your Account
You may need a Netix Solutions Account in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator. You may be assigned an account and password in order to access certain services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Netix Solutions of any unauthorized use of your password or account or any other breach of security. Netix Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Privacy and Copyright Protection
Netix Solutions’ privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Netix Solutions can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us via support@netixsolutions.com
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Netix Solutions (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Netix Solutions gives you a personal, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these terms and any other agreements. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Netix Solutions may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER NETIX SOLUTIONS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
In no event shall Netix Solutions, LLC, or its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or related to our website or services, including but not limited to lost profits, lost data, or business interruption. Our liability to you for any direct damages shall not exceed the total amount paid by you to us for the services in question.
This limitation of liability shall apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and shall survive the termination of these terms of service and your use of our website or services.
If any provision of this limitation of liability clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Netix Solutions and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We design our websites using the Wix.com platform. Please note that pricing and feature availability on the Wix.com platform may change from time to time based on decisions made by Wix.com. We do not control these changes and cannot be held responsible for any resulting impact on your website.
We will make every effort to inform you of any significant changes that may affect your website and to work with you to find alternative solutions if necessary. However, we cannot guarantee that all features or pricing will remain available or consistent over time.
By using our website design services, you acknowledge and agree that we design websites on the Wix.com platform, and that pricing and feature availability may change based on decisions made by Wix.com. You further acknowledge and agree that we are not responsible for any changes made by Wix.com that may impact your website, and that you will not hold us liable for any such changes.
User Submissions
Any information, data, text, photos or content submitted for posting on our services will be considered non-confidential and non-proprietary and you warrant and represent that your submitted item is your own original work, that you alone own copyright, that it is an authentic and accurate depiction of the subject matter presented and that no other party has any right, title, claim or interest. Netix Solutions will have no obligations with respect to such submissions. Netix Solutions and its designees will be free to copy, disclose, distribute, reproduce, incorporate and otherwise use your submission.
Arbitration
Any dispute arising out of or related to these terms of service or your use of our website or services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"). The arbitration shall take place in Pasco County, Florida.
The arbitration shall be conducted by a single arbitrator appointed by the AAA. The arbitrator shall have the power to award any remedy or relief that a court of law could order or grant, except for punitive or exemplary damages. The arbitrator's decision and award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The costs of the arbitration, including the arbitrator's fees, shall be shared equally between the parties, unless the arbitrator orders otherwise. Each party shall bear its own attorneys' fees, costs, and expenses associated with the arbitration.
This arbitration clause shall survive the termination of these terms of service and your use of our website or services. By agreeing to these terms of service, you are waiving your right to a trial by jury and agreeing to submit any disputes to binding arbitration.
If any provision of this arbitration clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Netix Solutions and you. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of Florida, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Pasco County, Florida, USA, and you and Netix Solutions consent to personal jurisdiction in those courts.
Should you have any questions, please contact us.