1. Acceptance of the terms of service for the use of this website, acceptance of the electronic signature and the uniform electronic transaction act disclosure consent and agreement
NATIONAL SECURITY SYSTEMS AND ITS AFFILIATES (“NSS”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN NSS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 this website includes without limitation: (a) the NSS Store, nationalsecuritysystems.net, nssi.net and other on-line services accessible via the Website (collectively the “Website”); (b) information such as technical, contractual, product, program, pricing, marketing, manuals, and other valuable information (“Information”); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). NSS controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. NSS products and services may not be available in your location, and deliverables may vary among locations. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and NSS for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard NSS terms and conditions of sale in your jurisdiction govern purchases you make through the Website, unless you have in effect a separate valid written purchase or license agreement with NSS for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. Your obligation and conduct
2.1 In consideration of your use of the Website, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information you provide to NSS, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that you upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to NSS or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. NSS reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that you will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be NSS or someone else, or spoof NSS’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. Confidentiality of National Security Systems’ information
3.1 The Website contains material that is protected by copyright and trademark property laws. Unless otherwise specified, the Website is intended for your personal, noncommercial use only. you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Website. You may not scrape or otherwise copy our Website without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. Title to contend on this Website remains with NSS and its suppliers.
3.2 Upon termination of the Terms or NSS’s written request, you must cease use of Confidential Information and return or destroy it.
4. Content submitted to National Security Systems
4.2 NSS does not routinely monitor Content, but NSS and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. Delivery of e-mail
NSS will attempt to deliver all of the e-mail that is on NSS’s Services. However, the nature of e-mail is such that NSS cannot guarantee delivery of such e-mail.
You agree to indemnify and hold NSS and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of or connection to the Website (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.
7. Notices: Modification and termination of services; amendment of terms
NSS may provide notice to you via email, regular mail, or posting notices or links to notices on the Website. NSS reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. NSS may also delete, or bar access to or use of, all related Information and files. NSS will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. NSS may amend these Terms at any time by posting the amended terms on this Website.
8. Advertisements and promotions
NSS runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than NSS found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. NSS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-NSS advertisers on the Website.
9. Content provided via links
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that NSS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NSS will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
“NSS Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations NSS uses in connection with its products and services. You may not remove or alter any NSS Trademarks, or co-brand your own products or material with NSS Trademarks, without NSS’s prior written consent. You acknowledge NSS’s rights in NSS Trademarks and agree that any use of NSS Trademarks by you shall inure to NSS’s sole benefit. You agree not to incorporate any NSS Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
11. Disclaimer of warranties
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NSS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NSS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 NSS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. Limitation of liability
12.1 TO THE FULL EXTENT PERMITTED BY LAW, NSS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF NSS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
14. General terms
14.1 The Terms constitute the entire agreement between you and NSS relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized NSS representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use NSS or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to NSS for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, NSS will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if NSS seeks such an injunction.
14.3 California law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and NSS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A.
14.4 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination of the Terms.
14.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
15. Electronic signature (E-Sign) and uniform electronic transaction act (UETA) disclosure consent and agreement (“E Disclosure and Consent”)
This E Disclosure and Consent is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act, as adopted by the various States. Capitalized terms used in this E Disclosure and Consent have the meaning set forth in the Agreement or Terms and Conditions to which this E Disclosure and Consent is attached, except the words “you” and “your” refer to the particular person entering into or agreeing to the Agreement or Terms and Conditions. This disclosure relates to the Website including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how National Security Systems delivers communications to you electronically. National Security Systems may amend this policy at any time by posting a revised version on the Website. The revised version will be effective when posted by National Security Systems. If the revised version includes a substantial change, National Security Systems will provide you with thirty (30) days’ prior notice by posting a notice of the change on the Website.
Electronic Delivery of Communications
Hardware and Software Requirements
In order to access and retain electronic communications, you will need the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by you in the New Account Form); and sufficient storage space to save past communications or an installed printer to print them. National Security Systems will notify you if there are any material changes to the hardware or software needed to receive electronic communications from National Security Systems. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any communications for your records. You may print or save a copy of these communications for your records as they may not be accessible online at a later date.
How to Withdraw Your Consent
You have the right to withdraw your consent at any time. To withdraw consent, you may send a written request (a) by regular mail to National Security Systems 14761 Franklin Ave Suite A Tustin, CA 92780. If consent is withdrawn, National Security Systems reserves the right to discontinue your access to the Website, terminate any and all agreements with you, and/or charge you additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
If, after you consent to receive communications electronically, you would like a paper copy of a communication National Security Systems previously sent you, you may request a copy within one hundred eighty (180) days of the date National Security Systems provided the communication to you by contacting National Security Systems as described above. National Security Systems will send your paper copy to you by U.S. mail. In order for National Security Systems to send paper copies to you, you must have a current street address on file with National Security Systems as your primary mailing address. If you request paper copies, you understand and agree that National Security Systems may charge you a Paper Communications Fee for each communication at the current rate.
Updating Your Contact Information
You are responsible for keeping your primary email address on file with National Security Systems up to date so that National Security Systems can communicate with you electronically. You understand and agree that if National Security Systems sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your Internet service provider, or you are otherwise unable to receive electronic communications, National Security Systems still will be deemed to have provided the communication to you. If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your email address book, you must add National Security Systems to your email address book so that you will be able to receive the communications National Security Systems sends to you. You can update your primary email address or street address at any time by sending the updated information to National Security Systems (a) by regular mail to 14761 Franklin Ave Suite A Tustin, CA 92780. If your email address becomes invalid such that electronic communications sent to you by National Security Systems are returned, National Security Systems reserves the right to discontinue your access to the Website, terminate any and all agreements with you, and/or deem any and all of your accounts with National Security Systems as “inactive”.
Agreement to do business with National Security Systems Electronic record and signature disclosure
We want to be as efficient as possible. National Security Systems may utilize a paperless document system for proposals, contracts, work orders, service tickets, and many other business-related documents. From time to time, National Security Systems may also be required by law to provide certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the National Security Systems electronic signing system. By signing any one of these documents with a cell phone, tablet, computer, or any other electronic devices, you are agreeing to do business via electronic documents.
Withdrawing your consent:
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. You must send a letter to National Security Systems’ Corporate office requesting all documents be made with paper and NOT through our paperless system and agree that National Security Systems will charge you a Paper Communications Fee for each communication at the current rate.
Consequences of changing your mind:
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Also, National Security Systems will charge you a Paper Communications Fee for each communication at the current rate making your overall service rate more expensive.
All notices and disclosures will be sent to you electronically:
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the National Security Systems paperless system all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described above. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.