Nix Biosensors Terms of Use

Effective Date: May 14, 2024
Last Modified: May 14, 2024

These Terms of Use (“Terms”) govern the use of the Nix, Inc. (“Nix”) website and the mobile and web applications (collectively, the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by Nix Inc. doing business as Nix Biosensors (“Nix”, “Nix Biosensors”).

Sections

Overview of Services, Account Registration & Disclaimer

The Services allow users to track, manage and share fitness-related information collected by the Nix device. Full use of the device and services requires that users, or an Administrator (including, but not limited to, a coach, trainer, supervisor, employer, parent) create an Account by providing us with information including, but not limited to, full name, valid email address, password, height, weight, gender, and age. User agrees to safeguard their username and password, and authorizes us to accept any use of the Site or Services through their Account as used by the user or someone authorized to act on their behalf. User agrees to be liable for any transactions associated with their Account. User agrees that Nix can rely upon the contact and other information that is supplied using the Account and that Nix will rely upon such information. 

User agrees to (a) immediately notify Nix of any unauthorized use of their password or Account or any other breach of security, and (b) ensure that the user exits from their Account at the end of each session. Nix cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section.

User agrees to choose a strong and secure password(s) and maintain the confidentiality of their password(s), including any password of a third-party site that Nix may permit User to use to access this Site. User agrees and acknowledges that their Account is non-transferable and non-assignable. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Should you believe your password or security for this Site has been breached in any way, you must immediately notify us at help@nixbiosensors.com.

Necessary Equipment

The full use of Nix services is dependent upon User’s use of a smartphone or tablet with adequate memory and an up-to-date operating system, as well as Internet and Bluetooth access. The maintenance and security of this equipment may influence the performance of the Nix Services and it is User’s responsibility to ensure the equipment’s functionality. User is responsible for all Internet access charges. Please check with the relevant mobile or Internet provider for information on possible Internet data usage charges.

No Medical Advice

Nix provides the services for Users to track, manage, and share wellness-related information. The services and any results or content displayed via the services, whether provided by Nix or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or any diagnosis or treatment or (ii) a visit, call or consultation with your doctor or other medical professionals. The services do not and are not intended to treat or prevent any medical condition. All content available through the services is for general informational purposes only. Use of the services, or communication with us via the internet, e-mail or other means, does not create any doctor-patient relationship. If you have any health-related questions, please call or see your doctor or other healthcare provider. Never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and do not use the services or any content on the services for diagnosing or treating a health problem. Always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. User agrees that exercise activities carry certain inherent and significant risks of bodily injury, death or property damage, and the User voluntarily assumes all known and unknown risks associated with these activities.

Eligibility

User represents and warrants that User is at least 18 years of age and of the legal age to form a binding contract in their jurisdiction. If the User is under 18, use of the Services is subject to requirements of parental consent, in which case (i) a supervising parent or legal guardian is considered the User under this Agreement and is responsible for any and all activity; and (ii) User represents that their parent or legal guardian has reviewed and agreed to this Agreement and the Privacy Policy. If User is accessing Nix services as an authorized agent (including but not limited to a coach, trainer, employer, partner, or other affiliate) to a minor, User is required to secure parental consent. Nix may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Posting Content

User is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that User uploads, posts, emails or otherwise transmits via the Site or Services. Nix does not claim ownership of the Content Users upload, post, email or otherwise transmit via the Site or Services unless otherwise specified. However, by posting, uploading, inputting, providing or submitting Content, User grants Nix and their affiliated companies, third party contractors, necessary sub-licensees and successors and assigns a nonexclusive, worldwide, royalty-free, perpetual, non-revocable license to use User’s Content in connection with the operation of the Site or Services, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content and to publish User’s name in connection with User’s Content. User acknowledges and agrees that Nix may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Nix, their agents and employees, their users and the public. User understands that the technical processing and transmission of the Site and/or Services, including their Content, may involve multiple transmissions over various networks; and a multitude of changes to conform and adapt to technical requirements of connecting networks or devices.

Prohibited Content

User agrees not to upload, post, email, or otherwise transmit through the Site or Services any Content or any other materials whatsoever that are or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third-party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third-party claim of infringement; (c) of a type that User does not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses, bugs, trojan horses, worms, backdoor or any other computer code and any time bomb or drop dead devices, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws); or (h) inconsistent with the purposes or objectives of this Site or Services, as determined in good faith by us.

Prohibited Conduct

User agrees not to do, or attempt to do, any of the following: (a) access or use the Site or Services other than as is expressly allowed by these Terms or in any manner harmful to us or any other user of the Site or Services; (b) access or use the Site or Services in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (c) access, tamper with, or use the Site or Services in a manner not authorized; (d) “stalk” or otherwise harass another user of the Site or Services; (e) alter information obtained from or available through the Site or Services; (f) tamper with postings, registration information, profiles, submissions or Content of other users; (g) use any robot, spider, scraper or other automated means or interface not provided by Nix to access the Site or Services; (h) extract data or gather or use information available through the Site or Services through any means not intentionally made available or provided for through the Site or Services; (i) transmit any unsolicited advertising, “junk mail”, “spam”, or “chain letters”; (j) advertise or offer to sell or buy any goods or services except as expressly permitted by a specific area of the Site; (k) frame any part of the Site or Services, or link to the Site or Services, or otherwise make it look like User has a relationship to Nix or that we Nix has endorsed User or User’s Content for any purpose except as expressly permitted in writing by Nix; (l) impersonate or misrepresent User’s affiliation with any person or entity; (m) manipulate identifiers in order to disguise the origin of Content transmitted through the Site or Services; (n) reverse engineer any aspect of the Site or Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Site or Services (except as otherwise expressly permitted by law); (o) send to or otherwise impact Nix or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware”, or other code that could adversely impact the Site or Services or any recipient; (p) interfere with or disrupt the Site, Services, or server or network connected to the Site or Services, take any action that might impose a significant burden (as determined by us) on the Site’s or Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site or Services; or (q) use the Site or Services in any manner that is inconsistent with the purposes or objectives of this Site or Services, as determined in good faith by us.

Special Admonitions for International Use

Recognizing the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.

Monitoring of Content

Nix is under no obligation to restrict or monitor Content in any way. USER UNDERSTANDS AND ACKNOWLEDGES THAT NIX DOES NOT REGULARLY MONITOR THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT. Notwithstanding the foregoing, Nix reserves the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third-parties, including other users, are those of the respective author(s) or distributor(s) and not of Nix’s. Nix does not endorse and is not responsible for the accuracy, reliability, or quality of any opinion, advice, information, or statement made through the Site or Services. User understands that by using the Site or Services, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that they must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Site or Services.

Our Enforcement Rights

Nix reserves the right (but are not required) to remove or disable access to the Nix Services, any Nix Content, or User content at any time and without notice, and at our sole discretion, if Nix determines that any content is objectionable or in violation of these Terms. Nix has the right to investigate violations of these Terms and any conduct that affects the Nix or Nix Services, and in response may take any action Nix may deem appropriate.

Fees and Payment Processing

a. Billing. Nix may collect payments from User directly or Nix may use a third-party payment processor (“Payment Processor”) to bill the User through a payment account linked to their purchase or Account. A majority of purchases will be for physical products and payment will be required at checkout and prior to the shipping of any goods. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. Nix is not responsible for any errors by a Payment Processor. User agrees to make payment using their selected Payment Method. Nix reserves the right to correct any errors or mistakes that Nix or a Payment Processor may make even if Nix or a Payment Processor have already requested or received payment.

b. Payment Method. The terms of payment (and the items purchased - i.e. product, services, and/or software) will be based on User’s Payment Method and may be determined by agreements between User and the financial institution, credit card issuer or other provider of the chosen Payment Method. If Nix, directly or through a Payment Processor, does not receive payment, User agrees to pay all amounts due on your Billing Account upon demand.

c. Subscription and Recurring Billing. Some items in the Nix store may be offered as a subscription. When User purchases a subscription they will receive repeat deliveries. These are based on the subscription duration and frequency that the User selects. Payment details will be stored securely and User will be charged for each of these deliveries. Subscriptions may auto-renew at the end of their duration. If the User doesn't want to renew a subscription, User may cancel it. If User wants to cancel or change their subscription, they can do so at any time. User may also pause their subscription. User’s order confirmation emails have links to their order. User can manage their subscription from there.

e. Current Information Required. User must provide current, complete and accurate information for their billing account. User must promptly update all information to keep their billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and must promptly notify Nix or Nix’s payment processor if User’s payment method is canceled, or if User becomes aware of a potential breach of security, such as the unauthorized disclosure or use of User name or password. Changes to such information can be made at subscription login at nixbiosensors.com. If User fails to provide any of the foregoing information, User agrees that Nix may continue charging User for any subscription fees under their billing account unless User has terminated their subscription as set forth above.

f. Reaffirmation of Authorization. User’s non-termination or continued use of their Subscription reaffirms that Nix is authorized to charge User’s Payment Method for that Subscription. Nix may submit those charges for payment and User will be responsible for such charges. This does not waive our right to seek payment directly from the User. User’s charges may be payable in advance or as otherwise described when initially selected to purchase the Subscription.

Returns, Warranty and Terms of Sale

Nix wants to ensure that the User enjoys their Nix Biosensor product(s). Due to the personal nature of our product, Nix is only able to accept unopened and unused items that were purchased from the Nix website within the last 30 days. Full return policy can be found here.

Nix has a 1 year warranty policy that applies only if the device has a manufacturing defect. For any patches that are deemed faulty, Nix will work in good faith with the User to replace them. Nix is not responsible for covering damages made by the User.

The return policy and warranty policy apply to purchases of physical goods from www.nixbiosensors.com. All orders placed are subject to Nix’s acceptance. Nix may accept, decline, or place limits on a User’s order for any reason.

Indemnification

As a condition of User’s access to and use of the Site and Service, User agrees to indemnify and hold harmless Nix Biosensors or its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and contractors from, and indemnify us and them for and against any claims, suits, actions, demands, disputes, allegations, investigations, damages, costs, expenses, or attorney’s fees brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Nix Site or Services, (ii) your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Disclaimer of Warranties

EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. NIX HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

NIX, OUR AFFILIATES, OUR SUBSIDIARIES, OUR PARTNERS, OUR CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER NIX NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.

EXCEPT TO THE EXTENT EXPRESSLY STATED OTHERWISE, WE MAKE NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

Exclusion of Damages; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE, AND OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTRACTORS AND SERVICE PROVIDERS, OR SUPPLIERS WILL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THE AGGREGATE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTRACTORS AND SERVICE PROVIDERS, AND SUPPLIERS TO YOU EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US FOR USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS APPLY EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

Dispute Resolution

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the User agrees to resolve the dispute through binding non-appearance-based arbitration. The User shall initiate such arbitration through an established alternative dispute resolution mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. User agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to User or User’s claim, User and Nix agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Massachusetts. Both User and Nix consent to venue and personal jurisdiction there. User and Nix both agree to waive the right to a jury trial. 

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nix product or Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

No Resale of Site

Unless otherwise specified and agreed to, User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Electronic Notices

User acknowledges and agrees that Nix may provide notices and other disclosures electronically by posting such notices or other disclosures on the Site or through the Services, by texting User’s phone number or by emailing it to the User at any email address provided to Nix by the User. Such notices or other disclosures shall be considered received by the User following the posting on the Site or Services or twenty-four (24) hours following the email being sent to User, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

Termination

Nix reserves the right to suspend or deactivate User’s account or access to certain aspects or all of the Nix Services, or to terminate these Terms, at Nix’s sole discretion, at any time and without notice or liability to the User. Upon any such suspension, deactivation, or termination, Nix may delete or remove User Content and other information related to your account. User may close their account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Nix Services or User’s account, the provisions of all of these Terms will survive.

Linked Third Party Sites

The Services may make available third-party resources such as but not limited to property Sites, landing pages, and other third-party sites over which Nix Biosensors has no control. NIx is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of any content provided by third-party resources. The use of such third- party resources is strictly at User’s own risk. Nix is not responsible for the availability of external sites or resources, 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. Nix will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products or other materials available on or through any such site or resource.

Trademark Information

Nix Biosensors, Nix, Inc., Nix, the “N” mark, “NIX” wordmark, and other Company logos and product and service names are trademarks of the Company (the “Marks”) respectively. Without the Company’s prior written permission, as applicable, User agrees not to display or use the Marks in any manner whatsoever.

Product Terms

Always consult a physician before beginning or modifying any exercise program. The Nix Hydration Biosensor and Sweat Patches are intended to be used only for recreational purposes and not for medical purposes, and are not intended to diagnose, monitor, treat, cure, or prevent any disease or condition.

The fluid and electrolyte score, temperature, and other readings are for reference only, and no responsibility is accepted for the consequences of any erroneous readings. While Nix typically provides an accurate estimate of a user’s fluid and electrolyte losses, there are inherent limitations with the technology that may cause some of the data to be inaccurate under certain circumstances, including the user’s physical characteristics, fit of the device, and type and intensity of activity.

Battery Warnings

A single cell, rechargeable Lithium battery is used in the Hydration Biosensor. If these guidelines are not followed, batteries may experience a shortened life span or may present a risk of damage to the device, fire, chemical burn, or injury:

  • Do not leave the device exposed to a heat source or in a high-temperature location, such as in the sun in an unattended vehicle. To prevent the possibility of damage, remove the device from the vehicle or store it out of direct sunlight, such as in the glove box.
  • Do not disassemble, modify, remanufacture, puncture or damage the device or batteries.
  • Do not remove or attempt to remove the battery.
  • Do not expose the device or batteries to fire, explosion, or other hazard.
  • Do not use a sharp object to remove the removable batteries.
  • KEEP BATTERIES AWAY FROM CHILDREN.
  • NEVER PUT BATTERIES IN MOUTH. Swallowing can lead to chemical burns, perforation of soft tissue, and death. Severe burns can occur within 2 hours of ingestion. Seek medical attention immediately.
  • When storing the device for an extended time period, store within the temperature range of 32 - 95 degrees F (0-35 C).
  • Do not attempt to charge a battery that is swollen or bulging. Use only supplied charging cables and connections. Make sure connections are in good condition.
  • Use caution when working with and using lithium ion batteries as they are very sensitive to charging characteristics and may explode, burn, or cause a fire if misused or mishandled.
  • Contact your local waste disposal department to dispose of the device and/or batteries in accordance with applicable local laws and regulations.

Additional Provisions

  • Agreement to Conduct Transactions Electronically. User agrees that all of their transactions with or through the Site or Services may, at Nix’s option, be conducted electronically from start to finish. If Nix decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms.
  • Compliance with Laws. User is responsible for compliance with all applicable laws.
  • No Agency; No Third-Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither User nor Nix intend that any third-party will be a beneficiary of or entitled to rely on any part of these Terms.
  • Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
  • No Assignment. User may not transfer, assign or delegate these Terms to anyone without the express written permission of Nix. Any attempt to assign, transfer or delegate these Terms without express written permission will be null and void. Nix shall have the right to transfer, assign and/or delegate these Terms to one or more third-parties without your permission.
  • Jurisdiction; Choice of Law; Export Limitations. The Site is controlled and primarily operated by Nix in the United States. User is responsible for compliance with applicable local laws. User may not use or export anything from the Site in violation of U.S. export laws and regulations, other applicable laws or regulations, or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site or Services will be governed by the laws of the State of Massachusetts without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Massachusetts, Plymouth County. In case of any dispute related to the Site or Services, you agree (i) to submit to personal jurisdiction in Norwell, Massachusetts, and (ii) that exclusive jurisdiction and venue shall lie in the state and federal courts located in Norwell, Massachusetts.
  • Limitations on Actions. Any action concerning any dispute User may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
  • Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
  • Entire Agreement. These Terms (including terms incorporated into them, as well as any additional terms or conditions contained on the Site or Services for particular activities, and disclosures provided by us and consents provided by you on the Site comprise the entire agreement (the “Entire Agreement”) between you and us with respect to the use of the Site and Services and supersedes all prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
  • No Waiver. Our failure to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.