Terms of Use and Privacy Statement
Terms of Use
1. Scope
NEXILIS AG created and maintains the NEXILIS.ch website and other websites added to NEXILIS.ch from time to time to provide a repository where you and other NEXILIS equipment user, test expert, and other interested parties (each, a User and collectively, Users) may obtain and share information around NEXILIS's products and services, and other topics found on NEXILIS.ch. If You are accessing and/or using NEXILIS.ch on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company ), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement (TOU) and everywhere in this TOU that refers to You or Your, shall also include Your Company.
NEXILIS AG created and maintains the NEXILIS.ch website and other websites added to NEXILIS.ch from time to time to provide a repository where you and other NEXILIS equipment user, test expert, and other interested parties (each, a User and collectively, Users) may obtain and share information around NEXILIS's products and services, and other topics found on NEXILIS.ch. If You are accessing and/or using NEXILIS.ch on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company ), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use Agreement (TOU) and everywhere in this TOU that refers to You or Your, shall also include Your Company.
2. Acceptance of Terms
Unless otherwise agreed to in a separate signed agreement between Your Company and NEXILIS, Your access and use of the NEXILIS.ch, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on NEXILIS.ch (any Services), are subject to this TOU. Additionally, Your use of the NEXILIS.ch, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on the NEXILIS.ch where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and NEXILIS regarding Your access and use of the NEXILIS.ch, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using NEXILIS.ch, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use NEXILIS.ch. Your access and use of any NEXILIS software or related documentation provided on NEXILIS.ch (together NEXILIS Software) shall be subject to a separate software license agreement made available to You at the time You access or download the NEXILIS Software.
Unless otherwise agreed to in a separate signed agreement between Your Company and NEXILIS, Your access and use of the NEXILIS.ch, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on NEXILIS.ch (any Services), are subject to this TOU. Additionally, Your use of the NEXILIS.ch, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on the NEXILIS.ch where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and NEXILIS regarding Your access and use of the NEXILIS.ch, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using NEXILIS.ch, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use NEXILIS.ch. Your access and use of any NEXILIS software or related documentation provided on NEXILIS.ch (together NEXILIS Software) shall be subject to a separate software license agreement made available to You at the time You access or download the NEXILIS Software.
3. Changes and Notices
NEXILIS reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the NEXILIS.ch and/or the Services at any time. NEXILIS will notify You of any changes to this TOU when You visit the NEXILIS.ch, or via email, or by providing You with information on such update and updating the TOU which can be viewed via the Terms of Use link. NEXILIS may make changes to its products, service offerings, the NEXILIS.ch, and/or the Services and NEXILIS Software at any time without notice. The most current version of this TOU can be accessed by clicking terms of use which is included on the bottom of each web page comprising the NEXILIS.ch.
NEXILIS reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the NEXILIS.ch and/or the Services at any time. NEXILIS will notify You of any changes to this TOU when You visit the NEXILIS.ch, or via email, or by providing You with information on such update and updating the TOU which can be viewed via the Terms of Use link. NEXILIS may make changes to its products, service offerings, the NEXILIS.ch, and/or the Services and NEXILIS Software at any time without notice. The most current version of this TOU can be accessed by clicking terms of use which is included on the bottom of each web page comprising the NEXILIS.ch.
4. Confidential Information
A. Except for Web sites within NEXILIS.ch which are clearly identified as non-public (each a Non-Public), the NEXILIS.ch is intended to be a public forum subject to the terms of this agreement and You agree not to provide NEXILIS or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to NEXILIS.ch will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the NEXILIS.ch in any form except as authorized at the time of disclosure. Any reproduction of NEXILIS Confidential Information shall remain the property of NEXILIS and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of NEXILIS. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with NEXILIS Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which NEXILIS or third parties protect against unrestricted disclosure to others which is either labelled Confidential, accessed through a restricted area of NEXILIS.ch, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care. All uploads by you into NEXILIS.ch, whether into a public forum or non-public forum, shall be at your own risk and NEXILIS takes now responsibility for the use or misuse of any such uploaded information by any other user of NEXILIS.ch.
A. Except for Web sites within NEXILIS.ch which are clearly identified as non-public (each a Non-Public), the NEXILIS.ch is intended to be a public forum subject to the terms of this agreement and You agree not to provide NEXILIS or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to NEXILIS.ch will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the NEXILIS.ch in any form except as authorized at the time of disclosure. Any reproduction of NEXILIS Confidential Information shall remain the property of NEXILIS and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of NEXILIS. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with NEXILIS Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which NEXILIS or third parties protect against unrestricted disclosure to others which is either labelled Confidential, accessed through a restricted area of NEXILIS.ch, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care. All uploads by you into NEXILIS.ch, whether into a public forum or non-public forum, shall be at your own risk and NEXILIS takes now responsibility for the use or misuse of any such uploaded information by any other user of NEXILIS.ch.
5. Your Information, Privacy and Data Protection
You understand and agree that NEXILIS collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to NEXILIS's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), NEXILIS may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement. All personal data will be treated confidential and in compliance with the Swiss Data Protection Act (Datenschutzgesetz des Bundes) and other applicable legislation.
You agree that NEXILIS may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of NEXILIS, Users, and the public.
You agree to comply, with the terms of the above NEXILIS privacy statement, and the privacy terms found by clicking on privacy at the bottom of the home web page comprising the NEXILIS.ch.
You understand and agree that NEXILIS collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to NEXILIS's Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address. In a limited number of cases when accessing specific websites or responding to sales offers (each, a "Transaction"), NEXILIS may temporarily collect and utilize Your credit card number and expiration date for the purposes of processing a Transaction. Collection and processing of credit card numbers and expiration dates will be subject to a separate agreement. All personal data will be treated confidential and in compliance with the Swiss Data Protection Act (Datenschutzgesetz des Bundes) and other applicable legislation.
You agree that NEXILIS may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of NEXILIS, Users, and the public.
You agree to comply, with the terms of the above NEXILIS privacy statement, and the privacy terms found by clicking on privacy at the bottom of the home web page comprising the NEXILIS.ch.
6. Copyright Policy
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You agree that You will not use NEXILIS.ch to infringe the Intellectual Property Rights of NEXILIS or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of NEXILIS Software, third party software, or any Content accessed on the NEXILIS.ch. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You agree to comply with the terms of the above NEXILIS Copyright Policy and those terms found by clicking on Copyright/Trademark at the bottom of the home web page comprising the NEXILIS.ch.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You agree that You will not use NEXILIS.ch to infringe the Intellectual Property Rights of NEXILIS or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of NEXILIS Software, third party software, or any Content accessed on the NEXILIS.ch. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You agree to comply with the terms of the above NEXILIS Copyright Policy and those terms found by clicking on Copyright/Trademark at the bottom of the home web page comprising the NEXILIS.ch.
7. Responsibility for Links and Content
NEXILIS.ch may contain links to external Web sites and information provided on such external websites by NEXILIS partners and third-party service providers. NEXILIS shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that NEXILIS shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on NEXILIS.ch (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
NEXILIS.ch may contain links to external Web sites and information provided on such external websites by NEXILIS partners and third-party service providers. NEXILIS shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that NEXILIS shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on NEXILIS.ch (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
8. Intellectual Property Rights, License Grant
Subject to any licenses You grant to NEXILIS pursuant to this agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the NEXILIS.ch to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to NEXILIS.ch, You grant NEXILIS a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to NEXILIS that You have the right, title, and/or authority to grant such license to NEXILIS. NEXILIS may elect not to post or publish the Content that You send or upload. If NEXILIS elects to post or publish the Content, NEXILIS may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any NEXILIS Software and the Services shall belong to NEXILIS. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any NEXILIS Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to NEXILIS any modifications or derivative works of any NEXILIS Software made by You in contravention of this limitation.
Subject to any licenses You grant to NEXILIS pursuant to this agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the NEXILIS.ch to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
By transmitting or uploading Content to NEXILIS.ch, You grant NEXILIS a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to NEXILIS that You have the right, title, and/or authority to grant such license to NEXILIS. NEXILIS may elect not to post or publish the Content that You send or upload. If NEXILIS elects to post or publish the Content, NEXILIS may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
All Intellectual Proprietary Rights to any NEXILIS Software and the Services shall belong to NEXILIS. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any NEXILIS Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to NEXILIS any modifications or derivative works of any NEXILIS Software made by You in contravention of this limitation.
9. Permissible Use of Nexilis.ch
You are permitted to access NEXILIS.ch and Use the Services Content solely for Your personal, informational, non-commercial purposes.
You are permitted to access NEXILIS.ch and Use the Services Content solely for Your personal, informational, non-commercial purposes.
10. Termination and Accountability
In the event You are in material breach of the Controlling Terms, NEXILIS may, at its sole discretion refuse You any current or future use of NEXILIS.ch. NEXILIS may remove any Content posted on NEXILIS.ch at NEXILIS's sole discretion. NEXILIS shall not be liable to You or any third party for any termination or change to NEXILIS.ch and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of NEXILIS.ch or any other Users computer system, NEXILIS may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use NEXILIS.ch to:
In the event You are in material breach of the Controlling Terms, NEXILIS may, at its sole discretion refuse You any current or future use of NEXILIS.ch. NEXILIS may remove any Content posted on NEXILIS.ch at NEXILIS's sole discretion. NEXILIS shall not be liable to You or any third party for any termination or change to NEXILIS.ch and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of NEXILIS.ch or any other Users computer system, NEXILIS may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use NEXILIS.ch to:
- publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, an NEXILIS official, NEXILIS employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other Users.
11. Indemnity
You agree to indemnify and hold NEXILIS, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Content or Your usage of the NEXILIS.ch or Services, Your breach of this TOU or NEXILIS's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
You agree to indemnify and hold NEXILIS, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Content or Your usage of the NEXILIS.ch or Services, Your breach of this TOU or NEXILIS's Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
12. Exclusion of Warranties
NEXILIS.ch, Content, and Services are being provided to You AS IS. NEXILIS does not guarantee or warrant any features or qualities of the NEXILIS.ch, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to NEXILIS.ch, Content, Software or Services in promotional material or on NEXILIS.ch and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published NEXILIS description of or advertisement except to the extent NEXILIS has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of NEXILISs management.
NEXILIS does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the NEXILIS.ch, or the content obtainable on such web-pages or (ii) any information provided by third parties on NEXILIS.ch. NEXILIS only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the NEXILIS.ch evidently contains illegal contents or infringements against intellectual property rights. NEXILIS will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. NEXILIS shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by NEXILISs wilful misconduct, gross negligence or NEXILISs failure to fulfil its duty to review as stipulated herein.
NEXILIS.ch, Content, and Services are being provided to You AS IS. NEXILIS does not guarantee or warrant any features or qualities of the NEXILIS.ch, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to NEXILIS.ch, Content, Software or Services in promotional material or on NEXILIS.ch and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published NEXILIS description of or advertisement except to the extent NEXILIS has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of NEXILISs management.
NEXILIS does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the NEXILIS.ch, or the content obtainable on such web-pages or (ii) any information provided by third parties on NEXILIS.ch. NEXILIS only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the NEXILIS.ch evidently contains illegal contents or infringements against intellectual property rights. NEXILIS will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. NEXILIS shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by NEXILISs wilful misconduct, gross negligence or NEXILISs failure to fulfil its duty to review as stipulated herein.
13. Limitation of Liability
To the extent allowable by applicable law, NEXILIS and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if NEXILIS has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from: (i) the use or the inability to use the NEXILIS.ch, NEXILIS software, or services; (ii) the cost of procurement of substitute goods and services arising out of Your use or inability to use any NEXILIS software, content, or services purchased or obtained during transactions conducted on the NEXILIS.ch; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements, messages, or conduct of any third party on the NEXILIS.ch; or (v) any other matters relating to the NEXILIS.ch or services. Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by NEXILIS and in case of NEXILIS's statutory liability for personal injury and defective products.
To the extent allowable by applicable law, NEXILIS and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if NEXILIS has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from: (i) the use or the inability to use the NEXILIS.ch, NEXILIS software, or services; (ii) the cost of procurement of substitute goods and services arising out of Your use or inability to use any NEXILIS software, content, or services purchased or obtained during transactions conducted on the NEXILIS.ch; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements, messages, or conduct of any third party on the NEXILIS.ch; or (v) any other matters relating to the NEXILIS.ch or services. Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by NEXILIS and in case of NEXILIS's statutory liability for personal injury and defective products.
14. Applicable Law
A. This site is created and controlled by NEXILIS in Switzerland. Except as set forth in Section 14 B., the laws of Switzerland will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
B. In the event You access or Use NEXILIS.ch from the United States, matters related to access and Use of NEXILIS.ch and these TOU shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, NEXILIS.ch or Content shall be instituted in a state or federal court in Chicago, Illinois. You and NEXILIS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
A. This site is created and controlled by NEXILIS in Switzerland. Except as set forth in Section 14 B., the laws of Switzerland will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
B. In the event You access or Use NEXILIS.ch from the United States, matters related to access and Use of NEXILIS.ch and these TOU shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, NEXILIS.ch or Content shall be instituted in a state or federal court in Chicago, Illinois. You and NEXILIS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
15. Survival
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or NEXILISs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or NEXILISs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
16. Waiver and Severability
The failure of NEXILIS to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
The failure of NEXILIS to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
Want to learn more? Contact [email protected] for more information.
Privacy Statement
1. General
Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. NEXILIS has created this privacy statement to demonstrate our firm commitment to the individual's right to privacy. This policy outlines our personal information handling practices for this website.
This Privacy Statement covers this website and other sites that reference this Privacy Statement. Some NEXILIS entities, programs and/or sites may have their own, possibly different, privacy statements. We encourage you to read the privacy statements of each of the NEXILIS websites or program information you visit or review.
Protecting the individual's privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. NEXILIS has created this privacy statement to demonstrate our firm commitment to the individual's right to privacy. This policy outlines our personal information handling practices for this website.
This Privacy Statement covers this website and other sites that reference this Privacy Statement. Some NEXILIS entities, programs and/or sites may have their own, possibly different, privacy statements. We encourage you to read the privacy statements of each of the NEXILIS websites or program information you visit or review.
2. Global Privacy Fundamentals
Our privacy practices reflect current global principles and standards on handling personal information. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. We abide by the privacy laws in the countries where we do business.
Our privacy practices reflect current global principles and standards on handling personal information. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. We abide by the privacy laws in the countries where we do business.
3. Consent
By using this Website, you consent to the collection and use of the information as described here. If we decide to make changes to this Privacy Statement, we will post the changes on this site so that you will always know what information we collect, and how we use it.
From time to time, as may be required by applicable law, we may also seek your explicit consent to process certain data and information collected on this website or volunteered by you.
By using this Website, you consent to the collection and use of the information as described here. If we decide to make changes to this Privacy Statement, we will post the changes on this site so that you will always know what information we collect, and how we use it.
From time to time, as may be required by applicable law, we may also seek your explicit consent to process certain data and information collected on this website or volunteered by you.
4. Collection and Processing of Your Personal Data
To serve you better and understand your needs and interests, NEXILIS collects, exports, and uses personal information with adequate notice and consent, along with required filings with data protection authorities, when applicable.
When you visit our web site, we may record your IP address and use cookies and other Internet technologies (referred to below as Automated Tools and Embedded Web Links) to gather general information about our visitors and their interests. The technologies used, and the information collected are described in more detail below.
We may further collect and process any information and data that you volunteer to us, e.g. when you register for events, subscribe to newsletters, participate in online surveys, discussion groups or forums, or when make purchases.
To serve you better and understand your needs and interests, NEXILIS collects, exports, and uses personal information with adequate notice and consent, along with required filings with data protection authorities, when applicable.
When you visit our web site, we may record your IP address and use cookies and other Internet technologies (referred to below as Automated Tools and Embedded Web Links) to gather general information about our visitors and their interests. The technologies used, and the information collected are described in more detail below.
We may further collect and process any information and data that you volunteer to us, e.g. when you register for events, subscribe to newsletters, participate in online surveys, discussion groups or forums, or when make purchases.
5. Use and Purpose of Collected Personal Data
The information NEXILIS collects to understand your needs and interests helps NEXILIS deliver a consistent and personalized experience. We will use such information only as described in this Privacy Statement and/or in the way we specify at the time of collection. We will not subsequently change the way your personal data is used without your consent, as required by applicable law. Some of the ways we may use your personal data include, but are not limited to:
The information NEXILIS collects to understand your needs and interests helps NEXILIS deliver a consistent and personalized experience. We will use such information only as described in this Privacy Statement and/or in the way we specify at the time of collection. We will not subsequently change the way your personal data is used without your consent, as required by applicable law. Some of the ways we may use your personal data include, but are not limited to:
- To process your orders and deliver the products and services that you have ordered;
- To keep you up to date on the latest product announcements, software updates, software upgrades, security patches, system enhancements, special offers, and other information. This may occasionally include information from other technology companies or business partners about products and services that can add value to your NEXILIS products;
- To tailor information about our products and services to your individual interests. For example, during a visit to our site, it allows us to provide you with specific information on products and services that may be of interest;
- To provide the ability to create personal profile areas and view protected content;
- To conduct online "Click to Chat" and "Click to Call" sessions;
- In order to ensure and control the quality of the information and experience you have during chat sessions with NEXILIS by educating our personnel to effectively answer your questions;
- To provide the ability to contact you, and provide you with shipping and billing information, and to provide customer feedback and support;
- To provide contests, sweepstakes or other marketing or promotional activities on the NEXILIS.ch or affiliate websites. Personal data may be collected to administer those programs;
- To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary;
- To support recruitment inquiries; and
- To meet contractual obligations.
6. IP Adresses
We use IP addresses to help diagnose problems, to administer our website, and to gather demographic information. We may also use IP addresses or other information, such as your NEXILIS.ch user information you have shared on this website or at any earlier occasion or a campaign code, to determine which pages on our sites are being visited and topics that may be of interest, so we can provide you with information about relevant products and services. Generally, NEXILIS will aggregate such data only in an anonymous way and will not tie it to a particular individual unless he or she has given consent. When you visit our site, we recognize only your domain name.
NEXILIS may also collect IP addresses (and other technical information such as browser type) during a Click-to-Chat or Click-to-Call sessions that you initiate. This information is collected when you connect to NEXILIS so that we may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes. Your IP address will not be used to identify you unless you provide your prior consent.
NEXILIS will only gather information related to your visit to the NEXILIS site. We do not track or collect personal information from your visits to companies or entities outside the NEXILIS Group of companies.
We use IP addresses to help diagnose problems, to administer our website, and to gather demographic information. We may also use IP addresses or other information, such as your NEXILIS.ch user information you have shared on this website or at any earlier occasion or a campaign code, to determine which pages on our sites are being visited and topics that may be of interest, so we can provide you with information about relevant products and services. Generally, NEXILIS will aggregate such data only in an anonymous way and will not tie it to a particular individual unless he or she has given consent. When you visit our site, we recognize only your domain name.
NEXILIS may also collect IP addresses (and other technical information such as browser type) during a Click-to-Chat or Click-to-Call sessions that you initiate. This information is collected when you connect to NEXILIS so that we may identify your session, deliver content based on the technical capabilities of your browser, and for quality control purposes. Your IP address will not be used to identify you unless you provide your prior consent.
NEXILIS will only gather information related to your visit to the NEXILIS site. We do not track or collect personal information from your visits to companies or entities outside the NEXILIS Group of companies.
7. Automated Tools
In addition to the information you provide, NEXILIS may also collect information during your visit to an NEXILIS website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an NEXILIS website. Using these tools, NEXILIS is also able to confirm receipt of e-mails that the recipient consented to receive and can track other information such as pages visited on the NEXILIS site and whether or not the recipient registers for an event offered by NEXILIS and certain other aggregate data that is not related to a particular individual.
In addition to the information you provide, NEXILIS may also collect information during your visit to an NEXILIS website through automated tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an NEXILIS website. Using these tools, NEXILIS is also able to confirm receipt of e-mails that the recipient consented to receive and can track other information such as pages visited on the NEXILIS site and whether or not the recipient registers for an event offered by NEXILIS and certain other aggregate data that is not related to a particular individual.
8. Embedded Web Links
E-mails from NEXILIS often use links designed to lead you to a relevant area on the Web, after redirection through NEXILIS's servers. The redirection system allows NEXILIS to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives.
In e-mails, such links may also allow NEXILIS to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal identity. If you do not want NEXILIS to collect information about the links you clicked, you can simply choose not to click on the links in an e-mail that NEXILIS sends you.
E-mails from NEXILIS often use links designed to lead you to a relevant area on the Web, after redirection through NEXILIS's servers. The redirection system allows NEXILIS to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives.
In e-mails, such links may also allow NEXILIS to determine if you have clicked on a link in the email, and the information about this interaction may be connected to your personal identity. If you do not want NEXILIS to collect information about the links you clicked, you can simply choose not to click on the links in an e-mail that NEXILIS sends you.
9. Cookies
We use cookies to deliver personalized content and to tailor our information offerings to how you and others use the site.
We use cookies to deliver personalized content and to tailor our information offerings to how you and others use the site.
10. E-Mail Adresses
If you choose to give us your e-mail address, we will communicate with you via e-mail. We do not share your e-mail address with others outside NEXILIS. You can choose not to receive any more e-mail at any time.
Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to NEXILIS.
If you choose to register for third-party services, we may need to send some information from your NEXILIS.ch registration to the service provider, possibly including your e-mail address.
If you choose to give us your e-mail address, we will communicate with you via e-mail. We do not share your e-mail address with others outside NEXILIS. You can choose not to receive any more e-mail at any time.
Depending on how your e-mail application is set up, information about you may be transmitted automatically when you send e-mail to NEXILIS.
If you choose to register for third-party services, we may need to send some information from your NEXILIS.ch registration to the service provider, possibly including your e-mail address.
11. Sharing your Personal Data
As a global company, NEXILIS operates a number of Web sites around the world. Any data and information that you volunteer or that is otherwise collected on one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this NEXILIS site adheres to our data protection principles described in this statement.
Companies in the NEXILIS Group may use the information internationally in connection with processing your inquiries and orders, to help improve our products and services and for processing and storage.
We may also share such information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support, or providing you with information on products and services that may be of interest to you.
We only provide these third parties with the minimum amount of personal data necessary to provide the services on our behalf, and the third parties are not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.
We do not sell or rent your personal data to third parties for marketing purposes unless you have granted us permission to do so.
We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Circumstances may arise where, whether for strategic or other business reasons, NEXILIS decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve, in accordance with applicable law, the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is NEXILIS's practice to seek appropriate protection for information in these types of transactions.
We may collect and possibly share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of NEXILIS's terms of use, or as otherwise required by law.
While visiting NEXILIS's website you may be directed to content or functionality that is hosted by a third-party supplier, not on NEXILIS.ch. Most often, this is done to host special events, such as contests or seminars. When information is collected on behalf of NEXILIS exclusively, the appropriate NEXILIS entity's privacy statement will be referenced on the site and will govern how information is used. For other, non-NEXILIS sites, the site's owner's privacy policy will be referenced. It is NEXILIS's practice to require such suppliers and business partners to handle information in a manner consistent with NEXILIS's privacy statement.
As a global company, NEXILIS operates a number of Web sites around the world. Any data and information that you volunteer or that is otherwise collected on one of our sites in any one country may be sent electronically to a server for one of these sites in another country. We safeguard your privacy interests around the world by ensuring that this NEXILIS site adheres to our data protection principles described in this statement.
Companies in the NEXILIS Group may use the information internationally in connection with processing your inquiries and orders, to help improve our products and services and for processing and storage.
We may also share such information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support, or providing you with information on products and services that may be of interest to you.
We only provide these third parties with the minimum amount of personal data necessary to provide the services on our behalf, and the third parties are not permitted to use your personal data except for the limited purpose of completing the requested service or transaction.
We do not sell or rent your personal data to third parties for marketing purposes unless you have granted us permission to do so.
We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Circumstances may arise where, whether for strategic or other business reasons, NEXILIS decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve, in accordance with applicable law, the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is NEXILIS's practice to seek appropriate protection for information in these types of transactions.
We may collect and possibly share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of NEXILIS's terms of use, or as otherwise required by law.
While visiting NEXILIS's website you may be directed to content or functionality that is hosted by a third-party supplier, not on NEXILIS.ch. Most often, this is done to host special events, such as contests or seminars. When information is collected on behalf of NEXILIS exclusively, the appropriate NEXILIS entity's privacy statement will be referenced on the site and will govern how information is used. For other, non-NEXILIS sites, the site's owner's privacy policy will be referenced. It is NEXILIS's practice to require such suppliers and business partners to handle information in a manner consistent with NEXILIS's privacy statement.
12. Security of your Personal Data
NEXILIS is committed to protecting the personal data you share with us. NEXILIS uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure. NEXILIS supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on NEXILIS sites to prevent abuse.
We bind our employees to observe your privacy and confidentiality rights.
NEXILIS is committed to protecting the personal data you share with us. NEXILIS uses a combination of industry-standard security technologies, procedures, and organizational measures to help protect your personal data from unauthorized access, use or disclosure. NEXILIS supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on NEXILIS sites to prevent abuse.
We bind our employees to observe your privacy and confidentiality rights.
13. Links to other Sites
This site may contain links to other sites. NEXILIS is not responsible for the privacy practices or the content of other websites outside the NEXILIS Group of companies.
This site may contain links to other sites. NEXILIS is not responsible for the privacy practices or the content of other websites outside the NEXILIS Group of companies.
14. Data Retention
NEXILIS will not retain your personal data longer than is necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations.
NEXILIS will not retain your personal data longer than is necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations.
15. Children's Privacy
NEXILIS does not knowingly collect Personal Data from children under the age of 13. If we learn that we have collected Personal Data on a child under the age of 13, we will delete that data from our systems.
NEXILIS does not knowingly collect Personal Data from children under the age of 13. If we learn that we have collected Personal Data on a child under the age of 13, we will delete that data from our systems.
16. Inquiries, Access and Updating your Personal Data
NEXILIS needs your help in keeping the personal data you have shared with us accurate and up to date.
If you have any other questions about this privacy statement or if you wish to inspect the information we hold about you, please contact: [email protected].
NEXILIS needs your help in keeping the personal data you have shared with us accurate and up to date.
If you have any other questions about this privacy statement or if you wish to inspect the information we hold about you, please contact: [email protected].
Want to learn more? Contact [email protected]