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These Terms of Use (“Terms of Use”) apply to the Onyx Graphics, Inc. (“Onyx” or “we”) website located at www.onyxgfx.com, as well as any other related websites of Onyx (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 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. It is your responsibility to refer back to this page from time to time for any such updates or changes. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Subject to your compliance with these Terms of Use, Onyx 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’s software and its services. We shall have sole and complete control over the Website and reserve the right to withdraw or modify the Website, and any service or material we provide through the Website, in our sole discretion without notice. Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to impose limitations on, suspend, and/or terminate your right to access or use the Website, in whole or in part, at any time and for any or no reason, and you acknowledge that we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users
The Website supports Onyx’s 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 collects and processes personal data in connection with operating the Website and its business. Please refer to Onyx’s Privacy Policy, which 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 cannot ensure or warrant the security of any information transmitted to or from us.
Some features of the Website will require you to set up an account with Onyx, such as product downloads, access to the partner portal, and eCommerce. If you use the Website to set up an account with Onyx, 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 is not responsible for third-party access to your account that results from theft or misappropriation of your account. You agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. You may not assign or transfer your account to any other person or entity without Onyx’s consent.
Licensees and subscribers to Onyx’s software will also be required to agree to Onyx’s End User License Agreement or SaaS Subscription Agreement, as applicable. Your obligations under either of such agreements are in addition to your obligations under these Terms of Use. In the event of a conflict between such agreement(s) and these Terms of Use, the terms of the agreement(s) will have priority.
As a condition of your use of the Website, you warrant to Onyx that you will not use the Website or Onyx 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:
You will indemnify Onyx 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 Materials, or your violation of these Terms of Use.
Onyx 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 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.
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, and Onyx 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 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Onyx of the site or any association with the owners or operators of the Linked Site. Linked Sites operate independently from Onyx and have their own privacy policies and terms of service or use, which we strongly suggest you review.
Onyx makes available and distributes certain third-party products in connection with or separately from Onyx’s software. The third-party products made available by Onyx may change at any time in Onyx’s sole discretion. Except as otherwise stated in Onyx’s End User License Agreement or SaaS Subscription Agreement (as applicable), Onyx makes no representations or warranties with respect to third-party products. If you purchase or obtain any third-party products from Onyx, Onyx will pass through to you any warranties provided by the developers or manufacturers of such products, to the extent permitted, and will reasonably assist you in dealing with third-party manufacturers if there is a problem.
Links for terms governing principal third-party products resold by Onyx:
Your personal data and information may be shared with the third parties who provide services to Onyx 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 our Privacy Policy. Please see the Privacy Policy for additional details.
All content and materials on the Website or made available through the Website, including articles, videos, text, software, products, graphics, logos, and images (“Onyx Materials”), are the property of Onyx or its suppliers or licensors. All Onyx 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 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 (“Feedback”), Onyx shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Onyx’s software, products, and services.
All features, content, availability, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on the Website is complete, accurate and up-to-date. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Website. In the event of a pricing error or discrepancy on the Website with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.
EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND ONYX IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL ONYX MATERIALS AND SERVICES AND THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND ONYX, ITS LICENSORS, AND ITS SUPPLIERS 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 DOES NOT WARRANT THAT THE WEBSITE, ONYX MATERIALS, OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONYX 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN CONTRACT AGREED TO BY ONYX, IN NO EVENT SHALL ONYX, ITS LICENSORS, OR ITS SUPPLIERS 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, ONYX MATERIALS AND SERVICES, AND THIRD-PARTY PRODUCTS PROVIDED BY ONYX, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR SUCH MATERIALS, PRODUCTS, OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONYX 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 Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.
The Website is controlled, operated, and administered by Onyx 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.
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’s 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’s 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 with respect to the Website. Except for the Privacy Policy and any binding contract between you and Onyx, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral, or written, between you and Onyx with respect to the Website.
Onyx’s 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 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.
Onyx 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
Attention: Customer Privacy Services
Email Address: privacy@onyxgfx.com
Telephone number: 801-568-9900