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WELCOME
TO NICHOLAS GUNN, INC. WEBSITE!
Please review our information, legal terms
and privacy policy before using the Site
TERMS AND CONDITIONS
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY
POLICY, BEFORE USING THIS WEBSITE (the “Site”). BY ACCESSING
OR USING THE SITE, YOU (“USER”) AGREE TO BE LEGALLY BOUND
BY THESE TERMS AND CONDITIONS. IF YOU DISSAGREE WITH ANY OF THE FOLLOWING
TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.
NICHOLAS GUNN, INC., INC. (“NICHOLAS GUNN”) OWNS AND OPERATES
THE SITE. NICHOLAS GUNN RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS
WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. NICHOLAS GUNN OR ITS SERVICE
PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS
OR CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR THE
ENTIRE SITE WITHOUT NOTICE OR LIABILITY; NICHOLAS GUNN MAY ALSO TERMINATE
YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.
Use of Site; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video
clips, design, software, graphic material, trademarks, service marks and
trade names, and all intellectual property rights in and to such items
(hereinafter “Content”) constitute the sole and exclusive
property of NICHOLAS GUNN or its subsidiaries, licensors and content providers.
The User is granted a personal, non-exclusive, non assignable and non-transferable
license to use the content for noncommercial and personal, informational
use only. The following acts are additionally prohibited without NICHOLAS
GUNN prior written approval: copying of the Site or the Content or any
portion, variations or derivatives thereof; reproduction, modification,
creation of derivative works, display, performance, publication, distribution,
dissemination, broadcast or circulation of any Content, in whole or in
part (including without limitation, the display and distribution of the
content via a third party Web site); and disassembling, decompiling, reverse
engineering or otherwise modifying the content.
Additional User Conduct Guidelines
NICHOLAS GUNN requests that the User not impede or inhibit any other User
from using and enjoying the Site. Therefore, in using this Site, you agree
not to: disrupt or interfere with the security of, or otherwise abuse,
the site or any services, systems resources, accounts, servers or networks
connected to or accessible through the Site or affiliate linked sites;
upload, post, or otherwise transmit through or on this Site any viruses
or other harmful, disruptive or destructive files; use or attempt to use
another’s account, service or system, or link to another site, without
authorization from NICHOLAS GUNN, or create or use a false identity on
the Site; or transmit through or on the Site spam, chain letters, junk
mail or other types of unsolicited mass e-mail to people or entities who
have not agreed to be part of such mailings. Further, any unauthorized
or prohibited use may additionally subject the offender to civil liability
and criminal prosecution under applicable and state laws.
Privacy Policy
NICHOLAS GUNN is committed to providing users of its site with an understanding
of how NICHOLAS GUNN gathers and uses information, as well as the precautions
taken by NICHOLAS GUNN to protect information concerning its Users. This
Privacy policy is incorporated into and is part of the Terms and Conditions
of Use; it describes NICHOLAS GUNN policies and procedure for the collection
and use of personal information provided by the User as well as non-personally
identifiable information.
Personally identifiable information.
NICHOLAS GUNN collects personally identifiable information directly from
the User only when the User voluntarily enters information, or when the
User requests or agrees that NICHOLAS GUNN send the User information or
materials. The types of personally and mobile identifiable information
NICHOLAS GUNN collects include e-mail address, full name, full address,
work phone number, age, gender, and viewing preferences. NICHOLAS GUNN
currently uses the information for the purpose of providing the User with
information requested by the user, and service information, and to allow
the User to voluntarily participate in promotions, contests or sweepstakes.
NICHOLAS GUNN may also use personally identifiable information to process
user requests and/or to send the User communications from NICHOLAS GUNN
such as news, information and promotional offers. If the User requests
information for certain offers, promotions, contests or sweepstakes, NICHOLAS
GUNN may forward the User’s personal information to a third party
for the purposes of supporting NICHOLAS GUNN in these services. In their
interest of enhancing our service, NICHOLAS GUNN has business relationships
with other entities.
NICHOLAS GUNN may disclose your personal and account information to respond
to court subpoenas, court orders, or other legal processes, as required
by law, or to establish or exercise NICHOLAS GUNN legal rights or defend
against legal claims. Your personal and account information may also be
disclosed in connection with a sale of some or all of the NICHOLAS GUNN
business or merger with another entity. As an added protection to the
User’s privacy concerning personally identifiable information collected
by NICHOLAS GUNN, the User may request that his or her information be
changed, corrected or deleted from our databases by writing us at: Web
Site Officer, NICHOLAS GUNN, Inc. 18354-D Collins Street, Tarzana, CA
91356, or by accessing the “contact us” link on our homepage.
Use of Cookies and non-personally identifiable information.
By using the Site, the User makes available to NICHOLAS GUNN certain non-personally
identifiable information (such as the domain name and type of the User’s
internet server and browser, which pages of the Site the User accesses,
and the length of access). This statement explains how NICHOLAS GUNN uses
such information, and how the User can restrict the use and collection
of non-personally identifiable information from “cookies.”
A “cookie” is a bit of text information stored on the hard
drive of your computer by an internet web server when you visit the Site.
The User can choose not to accept cookies, but in so doing, the User may
not be able to access the NICHOLAS GUNN Site. Refer to the Help information
in your browser or internet provider site or software for instructions
on how to disable cookies, or to be notified when a cookie is set. NICHOLAS
GUNN may use “cookies” to track usage of the Site, user interactions
with the Site, and to customize the Site.
NICHOLAS GUNN may use the non-personally identifiable information that
collected by NICHOLAS GUNN to improve the design and content of NICHOLAS
GUNN site and to enable NICHOLAS GUNN to personalize you internet experience.
Also NICHOLAS GUNN may use this information in the aggregate to analyze
site usage, as well as to offer user products, programs, or services.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT USERS SOLE RISK.
NEITHER NICHOLAS GUNN, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE
PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, OR THE LIKE,
WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT
OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE.
Indemnification
The User agrees to indemnify, defend and hold harmless, NICHOLAS GUNN,
its parents, affiliates, employees, agents, third party, information providers,
service providers, licensors or the like and their respective officers,
directors, employees, agents, licensors, representatives, and third party
providers to the Site from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any
violation of these Terms and Conditions by the User. NICHOLAS GUNN reserves
the right to assume, at its sole expense, the exclusive defense and control
of any matter subject to indemnification by User, in which even User will
fully cooperate with NICHOLAS GUNN in asserting any available defenses.
Third Party Links and Sites
This Site may contain links to other Internet sites, resources and/or
sponsors of the Site. NICHOLAS GUNN does not verify, warrant, endorse,
or take responsibility for the availability, accuracy, completeness or
quality of the content contained in these outside sites. Providing links
to outside sites does not constitute NICHOLAS GUNN approval of the content,
policies or practices of those other sites. Be sure to review the terms
of use and privacy policies posted on the outside sites after linking
to them.
Opt-Out of Receiving Further Web Based Marketing
Every visitor to our web site can choose to be removed from our web-generated
marketing lists. You can opt out at any time. To opt out of NICHOLAS GUNN
marketing e-mail or print mail, please send an e-mail with “remove”
in the subject lines as follows:
info@nicholasgunn.com
Changes to the Privacy Policy
If there are updates to the terms of NICHOLAS GUNN online Privacy Policy,
NICHOLAS GUNN will post those changes and update the revision date on
this document, so Users will always know what information we collect online,
how we use it, and what choices you have. For material changes to this
Privacy Policy, NICHOLAS GUNN will provide notification to the Site Users.
Other
These Terms and Conditions of Use shall be governed by, construed and
enforced in accordance with the laws of the State of California and the
federal laws of the United States of America. Users agree to submit to
the personal and exclusive jurisdiction of the state or federal courts
located within the State of California for any disputes arising from or
related to this Site or these Terms and Conditions of Use.
These Terms and Conditions are not intended to alter the terms or conditions
of any other agreement you may have with NICHOLAS GUNN or its affiliates,
parents, service providers or business associates to the extent that those
agreements govern issues other than your use of this Site. Should any
provision in these Terms and Conditions be found invalid or unenforceable
for any reason, that provision shall be deemed severable from the terms
and shall not affect validity or enforceability of the remaining provisions.
These Terms and Conditions may only be altered by (a) prior written mutual
agreement between NICHOLAS GUNN and User; or (b) NICHOLAS GUNN posting
revisions on the Site. Failure by NICHOLAS GUNN to object to a User’s
behavior, conduct or action does not constitute a consent, ratification
or waiver of objection.
If you have any questions or concerns about our Terms and Conditions of
Use, please write to NICHOLAS GUNN at:
Attn: Chief Privacy Officer
NICHOLAS GUNN, Inc.
January 2005
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