Introduction
Welcome to nlytenmedia.com (the “Website”). By using the Website (including the nlytenmedia.com and its related sites, services and tools), you (“user”) agree to the following terms with the Website.
Information
nLyten Media LLC cannot guarantee the completeness, timeliness, or accuracy of the information contained on the Website. Nothing on the Website, in this Agreement, or any other communication by nLyten Media LLC constitutes personalized advice, and nothing on the Website should be deemed personalized advice that is tailored to an individual’s needs. Every user who has a question should consult with his/her or its own legal counsel, accountant(s), or business advisor(s) prior to making any decision. Any decisions based upon the information contained in the Website and/or this agreement are the sole responsibility of the user(s).
Intellectual Property
The content, information, data and other materials on or available through the Website are protected by copyright, trademark, and other forms of proprietary rights. Users may not modify, publish, reproduce, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any proprietary material, except that users may download materials from the service or print a hard-copy version for personal and noncommercial use only.
nLyten Media LLC, together with any associated designs, are trademarks and service marks of the Website and may not be used without the prior written consent of the Website.
The Website respects the rights of others, and Safety Ambassador asks users to do the same. Safety Ambassador responds to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
Use of Website
As a further condition of use of the Website, users covenant to nLyten Media LLC that user will not use the Website: (i) for any unlawful purpose; (ii) for any purpose that is prohibited by this Agreement; or (iii) in any manner that could damage, disable, overburden, or impair the Website or any of nLyten Media LLC’s servers, or interfere with any other party’s use and enjoyment of the Website.
User is responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
Third Party Websites and Information
The Website may link users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“Third Party Websites”). These Third Party Websites and third parties are not under nLyten Media LLC’s control, and users acknowledge that nLyten Media LLC is not responsible for the content of such Third Party Websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Website or third party, or any warranty of any kind, either express or implied. No Third Party Website is authorized to make any representations or warranties on behalf of nLyten Media LLC. User’s visit to any Third Party Websites is subject to the terms and conditions of such Third Party Websites, and not this Website’s Agreement. User should refer to each Third Party Website’s specific terms.
“Cookies”
A “cookie” is a small data file that can be placed on your hard drive when users visit certain websites. The Website may use cookies to collect, store, and sometimes track information for statistical purposes to improve the Website and to manage nLyten Media LLC’s telecommunications networks. Advertisers and partners may also use their own cookies. nLyten Media LLC does not control use of these cookies and expressly disclaim responsibility for information collected through them.
California Online Privacy Protection Act Compliance
nLyten Media LLC will not distribute user’s personal information to outside parties without consent.
Do Not Track
Some browsers have a “do not track” feature that lets website users inform websites that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. Accordingly, users are hereby notified that the Website is not currently set up to respond to any “do not track” features or “do not track” signals.
Children’s Online Privacy Protection Act Compliance
The Website does not knowingly collect or solicit personal information from anyone under the age of 13. If user is under 13, please do not send any personal information about, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any information to or on the Website.
Limitation of Liability
IN NO EVENT SHALL nLyten Media LLC OR ANY OF ITS AFFILIATES BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INCONVENIENCE, OR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY MATERIAL OR SERVICES MADE AVAILABLE BY, OR ON, THE WEBSITE OR OF ANY THIRD PARTY SITES REFERENCED OR LINKED TO FROM THE WEBSITE.
Some jurisdictions do not allow the limitation or exclusion of liability, so the foregoing limitations may not apply to all users.
No Warranties
The Website cannot guarantee the completeness, timeliness, or accuracy of the information contained on the Website. The Website, information, and services are provided “as is.” The Website expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given by the Website shall create a warranty and you may not rely on such information or advice to do so.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to all users.
Compliance with Laws
The information made available on the Website and the publication of such information are subject to the laws and regulations of the United States. To the extent that the website may be accessed from any foreign location, it is up to the person who connects him or herself to this website to abide by the laws of his or her country of residence or of connection. Access to the information contained on this website from any foreign jurisdiction is made at the visitor’s or user’s own risk. Such person will bear any direct or indirect consequences ensuing from an infringement of the relevant legal and regulatory provisions. The Website is in no way liable for any such infringement.
Indemnity
User will indemnify and hold nLyten Media LLC (and its affiliates and subsidiaries, and its and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of user’s breach of this Agreement, user’s improper use of the Website sites, services, or tools, and/or user’s violation of any law or the rights of a third party.
Governing Law
This Website (excluding any linked Websites) is controlled by nLyten Media LLC from its offices within the state of Washington, United States of America. Thus, by accessing the Website users agree: (a) that the laws of the State of Oregon will govern this Agreement for all purposes, without regard to the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods; and (b) that user submits to the exclusive personal jurisdiction and venue by any court of competent jurisdiction within the State of Washington with respect to such matters.
Remedies.
User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of nLyten Media LLC’s Website, and therefore user agrees that nLyten Media LLC shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
Attorney Fees.
If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
Binding Effect; No Assignment by User; Permissible Assignment by nLyten Media LLC.
This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void. nLyten Media LLC shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns. Any failure by nLyten Media LLC to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. nLyten Media LLC may modify this Agreement at any time, and from time to time, and user will thereafter be bound by the version of this Agreement that is in effect at the time user visits the Website. Any use of the Website by user thereafter shall be deemed to constitute acceptance by user of the amendments.
LAST UPDATED: 3/16/2016.