Terms and Conditions
PB Analytics Inc. dba, Rixon Technology (“Rixon”) maintains this web site (the “Site”) as a service to its customers, potential customers, and other interested parties. Please visit it frequently, browse our pages, and download documents, subject to the terms and conditions set out.
We do not discriminate based on age, race, national origin, gender, sexual orientation, or religion.
No person under the age of 13 should use the Site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed a representation that the user is 13 years of age or older.
Guidelines. When using the Site, you will be subject to any additional operating rules, policies, or guidelines applicable to specific services and features that we may publish from time to time, including, without limitation, all information transfer protocols (“Guidelines”)
TRADEMARKS, PATENT, COPYRIGHTS, & RESTRICTIONS
This Site, and materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the “Materials”) are the property of Rixon and its affiliates and licensors. They are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Rixon and by US Patent laws, copyright law, trademark law, international conventions, and other intellectual property laws. By way of example, and not as a limitation, “Rixon” is a registered patent and trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.RixonTechnology.com, any bulletin board, the Community Forum, or any other web site owned or operated by Rixon without the prior written permission of RixonTechnology. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Rixon’s copyrights and other proprietary rights. Use of these Materials on any other web site or different networked computer environment is prohibited without prior written permission from Rixon.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, throughout the use of framing or otherwise, except (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Rixon or such third party that may own the trademark or copyright of information displayed on this Site.
LINKS TO THIRD PARTY WEBSITES
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third-party product or services be construed as an approval, guarantee or endorsement by Rixon of that third party or any product or services provided by a third party.
DISCLAIMERS AND INDEMNITY
By using the Site or posting Materials, you agree to indemnify Rixon, its officers, directors, employees, successors, agents, and affiliates for all claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and password). You agree to cooperate as fully as reasonably required in Rixon’s defense or settlement of any claim. Rixon reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by Rixon. Such information is provided on a blind basis, without any knowledge of your industry, identity, or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that Rixon and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute or consultation with professional advisors.
RIXON’S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. RIXON DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY MATERIALS OR INFORMATION PROVIDED BY US OR MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, RIXON MATERIALS, IS AT YOUR SOLE RISK. THE SITE AND RIXON MATERIALS, INCLUDING, BUT NOT LIMITED TO ANY THIRD-PARTY-PROVIDED INFORMATION, SOFTWARE OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS.
RIXON MAKES NO WARRANTY THAT THE SITE OR RIXON MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR RIXON MATERIALS WILL BE UNINTERRUPTED, TIMELY, AVAILABLE AT A PARTICULAR TIME OR LOCATION, SECURE, OR ERROR-FREE; NOR DOES RIXON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR RIXON MATERIALS OR AS TO THE TIMELINESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY RIXON MATERIALS, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE USED IN THE SITE OR RIXON MATERIALS WILL BE CORRECTED, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.
RIXON EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, HARMFUL COMPONENTS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
RIXON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE OR TRANSACTIONS ENTERED INTO THROUGH THE SITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES
LIMITATION OF LIABILITY
IN NO EVENT SHALL RIXON’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE RIXON SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF THE LARGEST AMOUNT OF REWARDS IN YOUR RIXON ACCOUNT AT ANY ONE TIME WHILE THESE TERMS ARE IN EFFECT, OR $50.00.
JURISDICTION AND GOVERNING LAW
Rixon Technology operates the Site from its offices within the United States. Rixon makes no representation that information on this Site is appropriate or available outside the United States. Those who choose to access this Site from outside the United States do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These terms and conditions shall be governed by the laws of Delaware, without regard to its conflict of law provisions. Accordingly, each party as a result of this consents to the exclusive jurisdiction of any state or federal court sitting in the state of Delaware over any proceeding related to these terms and conditions irrevocably waive any objection to the venue of any such court, and irrevocably waives any claim that any such action in such a court has been brought in an inconvenient forum.
CONFIDENTIALITY; YOUR SECURITY OBLIGATIONS
You acknowledge and agree that the Service and the Site are, and shall at all times remain, the sole and exclusive property of Rixon and that Rixon is the sole and exclusive owner(s) of all rights to the Site, including, without limitation, any copyrights, patent, and all related renewals and extensions. You agree that the Service and the Site are proprietary and confidential and that you will not authorize or permit its contents to be conveyed or in any manner communicated or used by any third party or to be duplicated or reproduced without our prior written approval. Your right to use the Site is personal to you. You agree to use the Service and the Site solely for own, non-commercial purposes and not for any commercial purposes. You agree not to sell, resell, or exploit for any commercial purposes, the Services and the Site, or use of or access to the Services and the Site or any information or technology obtained from the Service or Site.
You will maintain confidentiality concerning any confidential or proprietary information you access through the Service or the Site and protect such data from unauthorized access, use, or disclosure.
You will restrict unauthorized users from gaining access to the Service or the Site. If you are not a registered user, you may receive a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your passwords and for any activities that occur under your passwords or User accounts. You agree to immediately notify Rixon of any unauthorized use of your User account or any other breach of security known to you.
You will take feasible steps to prevent transmission over the Service and the Site of any virus or other software routine designed or likely to permit unauthorized access to the Service or the Site or to disable, erase or otherwise harm any software, hardware or data accessible over the Service or the Site.
The confidentiality obligations of this Section will survive the termination of your use of the Service and the Site.
You agree to be solely responsible for your actions and the contents of your interaction as it relates to Services and this Site.
We care about the integrity and security of your personally identifiable information. We have implemented commercially reasonable technical and organizational measures designed to secure your personally identifiable information from accidental loss and unauthorized access, use, alteration, or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure. You acknowledge that you are under no obligation to use the Service and the Site and that you provide personal or sensitive information to use the Service and the Site at your own risk.
You agree that Rixon may terminate your use of the Service and the Site at Rixon’s discretion.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Also, Rixon may post notices or links to notices through the Service to inform you of changes to the Terms, the Service, the Site, or other matters of importance.
In no event shall we be liable for damages caused by third parties not under our control or by other causes beyond our reasonable control, including, without limitation, damages caused by third-party telecommunications service providers.
The Service and the Site are controlled and operated from our facilities in the United States. Rixon makes no representations that the Service or the Site is appropriate or available for use in other locations. You may not use the Service or the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service and the Site are for individuals, companies, or other entities located in the US. By using the Service and the Site, you are consenting to have your data transferred to and processed in the United States. Users who access or use the Service or the Site from jurisdictions outside of the United States do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws, including, without limitation, export and import regulations.
Should you have any questions or complaints regarding these terms and conditions, contact us.