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Privacy Policy | Terms of Use

Below is our privacy policy and terms of use:

Privacy Policy: Onyx Graphics, Inc. is committed to protecting your privacy. This Privacy Policy describes the Personal Information we collect from you, whether accessed via our website by means of computer, mobile device or other technology, through Onyx Graphics products or services, or offline via your interaction with Onyx Graphics’ agents or employees (collectively “Services”), and how Onyx Graphics collects, uses, shares and stores Personal Information.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other personal information, as defined by the laws of your place of residence. Both federal and state law in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, the United Kingdom, and other countries and jurisdictions. Please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country. The references to information “relating to you” or “about you” include Personal Information about your employees, representatives, agents, or other relevant parties whose details you have provided to us.

Changes to this Privacy Policy: We may update this Privacy Policy from time to time to take account of changing requirements, and we request that you refer back to this Privacy Policy frequently to review any revisions. If at any time we decide to use Personal Information in a manner significantly different to that stated in this Privacy Policy, or otherwise disclosed to you at the time it was collected, we will provide you with prominent notice of the change. We will not engage in any processing operations that might put your Personal Information at risk, and we will request your explicit consent to such operations where necessary.

In the case of your own Personal Information or data that you provide directly to Onyx Graphics, Onyx Graphics is the data “controller” of your Personal Information, that is, the entity that determines the purposes and means of the processing of the Personal Information about you, or, in other words, the uses for which Onyx Graphics processes your Personal Information and the manner in which it is done. Onyx Graphics also licenses its software to business customers who may provide the Personal Information of their employees and others to Onyx Graphics. In such cases, our customers act as the data controllers in the collection and processing of Personal Information in connection with their licensing and use of Onyx Graphics software, and Onyx Graphics’ role is that of the data “processor,” since we are processing data on behalf of the controller (who is the customer). 

  1. THE INFORMATION WE COLLECT
  2. HOW WE USE INFORMATION
  3. WITH WHOM WE SHARE YOUR INFORMATION
  4. YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION
  5. RETENTION OF PERSONAL INFORMATION
  6. THIRD-PARTY WEB SITES; DO NOT TRACK
  7. OUR COMMITMENT TO PRIVACY OF MINORS
  8. INFORMATION SECURITY
  9. PROCESSING AND TRANSFER OF INFORMATION
  10. HOW TO CONTACT US

1.THE INFORMATION WE COLLECT

Summary. In connection with our business, we collect and process the following categories of Personal Information of individuals:

The information collected and our methods for collecting it are explained in more detail below. We and our service providers may collect Personal Information when you provide that information to us and when Personal Information is collected automatically.

General Personal Information.

You may choose to give us Personal Information to allow us to communicate with you, process your orders, or provide you with services. We may ask for a small amount of relevant information, such as personal and business contact information, including name, address, phone number, and e-mail. Some forms may ask for a product key number. If you make a purchase or order a service, we may ask for your credit card number and billing information. If you click an acceptance box or otherwise agree to allow us to contact you for marketing and informational purposes, we may use your Personal Information for such purposes. Job applicants may be requested to provide information such as educational background, employment experience, and job interest. Other Personal Information requested and processed by us may include work tasks and scheduling information, market and use information, internet use information, and regulatory information (to satisfy regulatory obligations such as tax).

Onyx Graphics business customers may also provide us with your Personal Information if you are employed or engaged by the customer, in connection with our providing of software or services to the business customer.

The legal basis for our processing of your Personal Information is either the necessity to perform contractual and other obligations that we have towards you or the customer who provided us with your information, or carrying out our legitimate activities as a provider of software and services.

Usage Information.

In addition to the information you may provide to us, we may collect information about your Onyx Graphics software use. Using your internet connection, Onyx Graphics software dongle, and network bandwidth, data specific to your use of Onyx Graphics software will be collected and transmitted to Onyx Graphics, such as the product name and version, dongle serial number, internet protocol (IP) address used to connect your operating computer to the internet, and the devices with which the Onyx Graphics software interacts.

Onyx Graphics may collect job printing records (including file details, ink consumption, station and printer names, and associated metadata (such as job name, order number, and date) and device-specific data (including your hardware model, operating system and version, printer, unique device identifiers, ink usage, media usage, copies, and printer status).  Onyx Graphics may associate your device identifiers with your copy of the Onyx Graphics software and product-specific data.

Additionally, we may collect information when you access or use the Services through the use of data collection technologies, including web beacons, cookies, and embedded web links. These technologies collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, location information, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with the Services) and product information. Onyx Graphics may also use some of these technologies in connection with e-mails and communications sent from Onyx Graphics and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.

Below is some additional detail on how we use cookies and other technologies:

2.HOW WE USE INFORMATION

We may store, analyze, process and otherwise use the information we collect to:

The legal basis will depend on which of the above purposes for which we have collected and use your Personal Information. In almost every case the legal basis will be one of the following:

3.WITH WHOM WE SHARE YOUR INFORMATION

Third Parties Providing Services on our Behalf. We may work with service providers and suppliers to manage or support the Services. These providers include, for example, credit card processors, providers of customer support, marketing and communications, hosting and IT service providers, e-mail service providers, automated data processors, data analytics providers, website management, lead generation vendors, and support services. We may share your information with these companies to enable them to provide you with services on our behalf. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Services and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours. Your Personal Information may also be used by us or shared with our sponsors, providers, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, and for such third party’s analytics and market research. Onyx Graphics will only provide those third parties with information that is necessary for them to perform the services and who have agreed to take measures to protect this information that are at least as stringent as the measures that we take ourselves.

Legal Proceedings. We may also share your Personal Information:

4.YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION

Depending on where you live, you may have certain rights concerning your Personal Information, as further described below. In general, you have the right to tell us:

If you wish to exercise any of these rights, have a question for us, or would like more information concerning your choices about the collection and use of your information, please e-mail your request to privacy@onyxgfx.com or mail us the address provided at the end of this Privacy Policy. Additionally, you have the right to object to your Personal Information being used for certain purposes, including to send you marketing materials. We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request.

California Privacy Rights. This section applies to California residents only.

California Consumer Privacy Act (CCPA): Onyx Graphics is not at this time subject to the California Consumer Privacy Act of 2018, as amended, or related regulations.

Shine the Light: Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Onyx Graphics shares your Personal Information with third parties (primarily perfume brand companies) for their direct marketing purposes only if you have expressly opted-in to receiving communications from such third parties. However, to submit a request for such information or to withdraw your consent to such communications, you can contact us as set forth below.

California Minors: California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor who uses our Site has the right to either remove content or information posted on the Site by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact us at the contact information provided below. This removal does not ensure complete or comprehensive removal of any such content or information posted.

If you are a California resident and you have questions or requests regarding our privacy practices, please send your request using the contact information at the end of this Privacy Policy.

Canada Privacy Rights. This section applies to Canada residents only.

Under various Canadian privacy laws, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), we are required to comply with certain principles with respect to your Personal Information. These principles are:

  1. Accountability: We are accountable for the Personal Information we collect from you. We have developed a data protection policy for your business and appointed the data privacy officer to help you with any concerns related to your Personal Information.
  2. Identification of our purposes for collection of Personal Information: This Privacy Policy identifies our purposes for collecting your Personal Information.
  3. Provide notice or obtain valid, informed consent, where required: We require our customers to provide notice or obtain consent in respect of the information we process for them, and we obtain your consent to the ways in which we collect, use and disclose your Personal Information, except is some limited, specific situations and as permitted by law (for example, to comply with laws and regulations, to protect our legitimate business interests, and to cooperate with law enforcement and governmental agencies’ requests). If we add a new use, we will request and obtain your consent for that new use before using your Personal Information in that new way. You may withdraw your consent by notifying us as specified below.
  4. Limiting collection to identified purposes: We limit the amount and type of the Personal Information we gather to what is necessary for the purposes identified in this Privacy Policy.
  5. Limiting use, disclosure, and retention: We limit our use, disclosure and retention of Personal Information to the purposes and uses identified in this Privacy Policy. We will destroy or erase your Personal Information when it is no longer necessary for those authorized purposes.
  6. Accuracy: We seek to keep your Personal Information correct and up-to-date. However, we will assume that the information we are supplied is accurate unless we are notified otherwise. You may contact us at any time to correct your Personal Information in our systems.
  7. Safeguards: We use reasonable and appropriate safeguards to keep Personal Information secure and private and guard against unauthorized access, loss, and theft.
  8. Openness: We make our privacy policies and practices easily available. If you have any questions, you may contact us at any time as set forth in the Contact Information section below.
  9. Access: If you request access to your Personal Information that is in our system, by contacting us as set forth below, we will provide you with a copy of that information within 30 days. Upon your request, we will also inform you if we have any of your Personal Information, explain how we’ve you’re your Personal Information, and provide a list of any other organizations to which your Personal Information has been disclosed.
  10. Recourse for complaints: You have the right to challenge our compliance with these guidelines. We commit to investigate all complaints and to modify our privacy practices if necessary.

If you wish to exercise any of your rights or make any requests relating to your Personal Information or data under the principles outlined above, you may contact our data privacy officer at the contact information set forth below. We may be unable to remove, correct or provide access to Personal Information to the extent that we are processing it on behalf of a customer, if it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you.

We may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.

Your Personal Information may be transferred outside of Canada for processing and storage. We and our service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions.

Your United Kingdom and European Economic Area privacy rights. This section applies only to individuals in a country in the United Kingdom and European Economic Area.

For the purposes of data protection law in the United Kingdom and European Economic Area countries. Scentbird is the “controller” of your Personal Information as defined under applicable EU or EEA law (“Personal Data”) as described in this Privacy Policy.

The laws of those countries provide a number of reasons for which we may collect and use your Personal Data. Our reasons are as follows:

We will transfer your Personal Data to the United States, which might not ensure the same level of protection as the data protection laws of those countries. When we receive your Personal Data in the United States we will comply with the General Data Protection Regulation (GDPR) or UK data protection law to the extent it applies to our use of your Personal Data.

You have certain rights over your Personal Data used by us. These rights are explained below but they are subject to certain exemptions.

If you would like to exercise any of these rights, please contact us using the information below. We may ask you to verify your identity before carrying out a request.

You are also free to lodge complaint with the supervisory authority or regulatory body, should you feel that we process your Personal Data in a way that is against applicable law.

5. RETENTION OF PERSONAL INFORMATION

We are under no obligation to store your Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain and use your information as necessary to achieve the purpose for which the information was collected, comply with our legal obligations, resolve disputes, and enforce our agreements, and in accordance with any retention periods required by applicable laws and regulations, including with respect to tax records and transaction history. Where we no longer have a need to keep your Personal Information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your communication information to ensure we do not market to you in future.

6.THIRD-PARTY WEB SITES; INTEREST BASED MARKETING; DO NOT TRACK

Links. While you are using the Services, you may have an opportunity to click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a third-party logo on the Services, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including Personal Information, from you. We recommend that you consult the privacy policies and notices of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the web page you are visiting.

Do Not Track. We may, from time to time, collect information about your online activities, over time and across different websites. When you use our website, third parties may also collect information about your online activities, over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature or other settings that permit you to block cookies or other technology that enable websites to collect information that can be used to tailor advertisements to your interest. Please check your browser’s settings or consult your browser’s help information for more details.

7.OUR COMMITMENT TO THE PRIVACY OF MINORS

Protecting the privacy of minors is important to Onyx Graphics. Onyx Graphics’ services are only available to those who are the age of majority in the jurisdiction in which they reside. Access and use of our Services by anyone under the age of majority is only permitted with the express permission of a parent or legal guardian.

8.INFORMATION SECURITY

When you submit information to us or through our Services, you should be aware that your information is transmitted across multiple computer systems on the Internet. Although we take steps to protect your information, data security technologies constantly are evolving. Because no method of transmitting or storing electronic data on the Internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Onyx Graphics shall, in relation to Personal Information, implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. Measures have been implemented to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information transmitted, stored or otherwise processed, including:

(1)   Web and database servers are protected using firewalls;

(2)   User access is tracked;

(3)   Role-based security is applied to system access;

(4)   Use of data encryption;

(5)   Vendor-supplied patches are reviewed and tested for compatibility before installation;

(6)   Regular system backups are made;

(7)   Regular maintenance is performed on systems;

(8)   Data requiring a higher level of protection, such as payment card account numbers, are processed via a third-party vendor that specializes in the payment processing; and

(9)   All Onyx Graphics employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment.

Onyx Graphics uses resellers and service providers based around the world. Consequently, your Personal Information may be processed in countries outside of the country where you live, including if you live in Europe, and such countries may include some where you may have fewer legal rights in respect of your Personal Information than you do under local law. If we transfer Personal Information from persons within the European Economic Area to a country that provides a lower standard of legal protection for Personal Information, we will ensure that your privacy rights are protected by appropriate safeguards. Please contact us if you would like more information about these safeguards.

9.PROCESSING AND TRANSFER OF INFORMATION

The Services are governed by and operated in, and in accordance with the laws of, the United States. We make no representation that the Services are governed by or operated in accordance with the laws of any other nation. However, Onyx Graphics will always comply with the laws and regulations of other countries, states and jurisdictions to the extent applicable to Onyx Graphics or to the Personal Information controlled or processed by Onyx Graphics, even if they conflict with certain terms of this Privacy Policy. The requirements of applicable laws and regulations will prevail over the terms in this Privacy Policy, and we will adjust our internal policies and practices where necessary to comply with such laws and regulations.

If you are located in the European Union, Latin America, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.

10.HOW TO CONTACT US

Should you have questions or concerns about this Privacy Policy or our use of your Personal Information, please send an e-mail to: privacy@onyxgfx.com or send your inquiry by mail to Onyx Graphics, Inc., Attn: Customer Privacy Services, 6915 South High Tech Drive, Midvale, Utah 84047.

Please include the statement “Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you either at your mailing address or your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Website Terms of Use

Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the Onyx Graphics, Inc. (“Onyx Graphics”) website located at www.onyxgfx.com, as well as any other related websites of Onyx Graphics (collectively, the “Website”).

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. Please read these Terms of Use carefully. Onyx Graphics reserves the right to update and make changes to these Terms of Use at any time, at its sole discretion. Such changes are effective immediately upon being posted to the Website unless otherwise specified by Onyx Graphics. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, Onyx Graphics grants you a limited, personal, non-exclusive, non-transferable, and revocable right and license to access and use the Website and its contents. The Website provides information and certain services related to Onyx Graphics’ software and its services.

Privacy

The Website supports Onyx Graphics’ wide-format printing software solutions by providing RIP software, Print Workflow, and Print business solutions, which are designed for low, mid, and high-volume print businesses. Onyx Graphics collects and processes personal data in connection with operating the Website and its business. Please refer to Onyx Graphics’ Privacy Policy at https://www.onyxgfx.com/privacy-policy/, which is incorporated into this Terms of Use, and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Onyx Graphics cannot ensure or warrant the security of any information transmitted to or from us.

Your Onyx Graphics Account

Some features of the Website will require you to set up an account with Onyx Graphics, such as product downloads, access to the partner portal, and eCommerce. If you use the Website to set up an account with Onyx Graphics, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that Onyx Graphics is not responsible for third-party access to your account that results from theft or misappropriation of your account. You may not assign or transfer your account to any other person or entity without Onyx Graphics’ consent.

Restrictions on Use of Website and Onyx Graphics Materials

As a condition of your use of the Website, you warrant to Onyx Graphics that you will not use the Website or Onyx Graphics Materials (as defined in the “Ownership” section below) for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:

Indemnification

You will indemnify Onyx Graphics and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Website or Onyx Graphics Materials, or your violation of these Terms of Use.

Suspension or Termination of Account or Website Access

Onyx Graphics reserves the right, in its sole discretion, to suspend or terminate your account or your access to the Website, to terminate or delete any content (including your User Content) or Onyx Graphics Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.

Third-Party Linked Sites and Services

Certain services made available through the Website are delivered by third-party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by Onyx Graphics, and Onyx Graphics is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Onyx Graphics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Onyx Graphics of the site or any association with the owners or operators of the Linked Site.

Your personal data and information may be shared with the third parties who provide services to Onyx Graphics and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Ownership

All content and materials on the Website or made available through the Website, including articles, videos, text, software, graphics, logos, and images (“Onyx Graphics Materials”), are the property of Onyx Graphics or its suppliers or licensors. All Onyx Graphics Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends, or other restrictions applicable to any Onyx Graphics Materials.

Your personal data and any data, information, or materials you upload or post on the Website (“User Content”) remain your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas, or feedback to Onyx Graphics (“Feedback”), Onyx Graphics shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Onyx Graphics’ software, products, and services.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND ONYX GRAPHICS IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL ONYX GRAPHICS MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND ONYX GRAPHICS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. ONYX GRAPHICS DOES NOT WARRANT THAT THE WEBSITE, ONYX GRAPHICS MATERIALS, OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONYX GRAPHICS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY ONYX GRAPHICS, IN NO EVENT SHALL ONYX GRAPHICS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR ONYX GRAPHICS MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONYX GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

Takedown Notices

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Onyx Graphics Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

International Users

The Website is controlled, operated, and administered by Onyx Graphics from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.

General Terms

These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Onyx Graphics’ provision of the Website and its other products and services is subject to existing laws and legal processes, and nothing contained in these Terms of Use limits Onyx Graphics’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or your User Content.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Onyx Graphics with respect to the Website. Except for the Privacy Policy and any binding contract between you and Onyx Graphics, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral, or written, between you and Onyx Graphics with respect to the Website.

Onyx Graphics’ failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Onyx Graphics will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Onyx Graphics.

Onyx Graphics Contact Information

You may send us notices, questions, or comments regarding these Terms of Use at the following:

Onyx Graphics, Inc.

6195 S High Tech Dr.

Midvale, Utah 84047

Email Address:

privacy@onyxgfx.com

Telephone number:

801-568-9900

Effective as of May 1, 2022