Last modified: May 11, 2020
Nice North America LLC, our subsidiaries (including without limitation, Intellivision) (“NS&C”, “we”, or “us”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you use our mobile applications (collectively “Apps”) or visit the our websites including without limitation: https://niceforyou.com/, https://www.linear-solutions.com/, http://numera.com/, https://www.corebrands.com/, https://www.mightymule.com/, https://www.2gig.com/, and https://www.elanhomesystems.com (the “Websites”, and collectively with the Apps, “Apps/Websites”). Additionally, this policy describes our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
This policy does not apply to information collected by us offline or through any other means not expressly stated in this policy.
Our Websites are not intended for children under 16 years of age. No one under age 16 may provide any information to or on Apps/Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on or through the Apps/Websites or on or through any of their features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
We may collect several types of information from and about users of our Apps/Websites, including information:
We may collect this information:
The information we collect on or through our Apps/ Websites may include:
As you navigate through and interact with our Apps/Websites, we may use automatic data collection technologies to collect certain information about your devices, data, equipment, browsing actions and patterns, including:
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See below for information on how you can opt out of behavioral tracking on the Apps/Websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Apps/Websites and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
We may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
NSC relies on the following legal bases when using your personal information:
If we are using your information on the basis of your consent, you may withdraw that consent at any time. If we are processing your personal information based on a legitimate interest, you may object to that use of your personal information.
You have the ability to control your personal information that you provide us. Pursuant to local law, you may:
We are committed to working with you to obtain a fair resolution of any complaint or concern you may have about our use of your personal information. If, however, you believe we have acted unsatisfactorily, you may have the right to submit a complaint to the data protection authority in your country or the relevant supervisory authority.
California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us at email@example.com, or write to us at NS&C located at: 5919 Sea Otter Place, Suite 100, Carlsbad, CA 92010.
We may provide you the ability to post information on or through the Apps/Websites. If you are a California resident who is under 18 and a registered user of the Apps/Website and you are unable to remove content or information you posted in a public area of the Apps/Websites by following the instructions provided on the Apps/Websites, you may request removal by contacting us at firstname.lastname@example.org. When requesting removal please be specific about the information or content you want removed and provide the URL for each page on the Website where it is located, or the screen location of the Apps. We are not required to remove any content or information that: (a) federal or state law requires us or a third party to maintain the content or information; (b) the content or information was not posted by you, the registered user; (c) we anonymize the content or information so that you cannot be identified; (d) you don’t follow our instructions for removing or requesting removal; or (e) you received compensation or other consideration for providing the content or information. REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM THE APPS/WEBSITES DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public. Also, some content and information you post that has been copied or reposted by a third party is outside of our control and will not be removed.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Apps/Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Apps/Websites.
5919 Sea Otter Place, Suite 100
Carlsbad, CA 92010
These Terms and Conditions of Sale and the non-conflicting provisions in Seller’s quotation (if any), acknowledgement or invoice from Seller (collectively, the “Agreement“) govern in all respects all sales of any Products (“Products“) and services (the “Services“) from the Nice legal entity selling Products and Services (“Seller“) to purchaser (“Buyer“). Buyer acknowledges that Seller, through its affiliates (i.e., parents, subsidiaries and other affiliates) offers expanded manufacturing capability, and Seller may in its sole discretion manufacture, supply or deliver from any location or source, including any of its affiliates, any Products or Services and such manufacture, supply or delivery from such affiliates shall also be subject to these Terms and Conditions.
1. Prices and Taxes. Prices are those in effect when Seller accepts a purchase order. Seller may accept or reject purchase orders in its sole discretion. Buyer must pay or promptly reimburse Seller for any sales, use or any other local, state, provincial or federal taxes arising from the sale or delivery of the Products and Services or provide an exemption certificate. All prices, models and material specifications are subject to change or withdrawal by Seller without notice.
2. Payment. Terms of payment are net 30 days from date of invoice. Buyer must pay all amounts by wire transfer to the account designated by Seller. All prices are quoted, and must be paid, in United States dollars, or as otherwise specified on the quotation. If Buyer fails to make any payment or pay any invoice according to its terms, or upon such credit terms as expressly agreed to in writing by Seller, then, in addition to all other rights and remedies available to Seller: (a) Buyer is responsible for any and all commercially reasonable charges, expenses or commissions incurred by Seller in stopping delivery, transportation and storage of Products, and in connection with the return or resale of Products; (b) Seller has the right to terminate the Agreement or suspend further performance under the Agreement and other agreements with Buyer; and (c) Buyer shall be liable to Seller for all reasonable costs of collection, including reasonable attorneys’ fees. Past due amounts are subject to service charges of 1½% per month (or the maximum amount permitted by law) and, if credit terms have been agreed to in writing, Seller reserves the right to charge lawful rates of interest upon any outstanding balance, whether past due or not.
3. Changes. Seller may revise prices, dates of delivery, and warranties upon acceptance of requests by Buyer for modifications to Products or Services. If Buyer rejects proposed changes to made-to-order Products deemed necessary by Seller to conform to the applicable specification, Seller is relieved of its obligation to conform to such specification to the extent that conformance may be affected by such objection in the reasonable opinion of Seller.
4. Shipment and Delivery. Title and risk of loss transfer at the Seller’s facility to the Buyer. Buyer is responsible for all applicable freight, customs, handling, demurrage and/or detention charges. Title to any software provided with Products remains with Seller or its supplier. Any claims for shortages or damages suffered in transit must be submitted directly to the carrier. All shipping dates are approximate and not guaranteed. Seller reserves the right to make partial shipments. Seller is not bound to tender delivery of any Products for which Buyer has not provided shipping instructions. If shipment of Products is postponed or delayed by Buyer for any reason, including a Force Majeure Event (defined in Section 9), Seller may move Products to storage for the account of and at the risk of Buyer and the Products will be deemed delivered. Products may not be returned except with the prior written consent of Seller, which may include additional terms. The attachment has the updated language. Please reply and confirm when complete.
5. Inspection and Acceptance. Seller must give prior consent to pre-delivery inspection or factory acceptance testing, which will be at a time acceptable to Seller. Buyer has until the earlier of two days prior to shipping or 10 days following factory acceptance testing to notify Seller in writing of any specific objections, and failure to so notify constitutes acceptance of and authorization to deliver Products. If the Agreement provides for site acceptance testing, Seller must verify that Products were delivered without physical damage and are in good operating condition. Completion of any site acceptance testing constitutes full and final acceptance of Products. Acceptance testing is deemed completed and Products accepted by the earlier of the 30th day following delivery of Products and the use or resale of the Products, unless the parties otherwise agree in writing.
6. Limited Warranty. For Nice North America Warranty language please see our link below:
Warranty Repair Policy
7. LIMITATION OF REMEDY AND LIABILITY. SELLER’S TOTAL LIABILITY UNDER THE AGREEMENT, WHETHER IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHER OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY BUYER UNDER THE AGREEMENT FOR THE PRODUCT OR SERVICES GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR ANY REASON. “CONSEQUENTIAL DAMAGES” INCLUDES, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS; BUSINESS INTERRUPTION; LOSS OF USE, REVENUE, REPUTATION OR DATA; COSTS INCURRED, INCLUDING WITHOUT LIMITATION, COSTS FOR CAPITAL, FUEL OR POWER; LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT; AND ENVIRONMENTAL CLEAN-UP. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER. ANY ACTION ARISING UNDER OR RELATING TO THE AGREEMENT, (WHETHER BASED IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), MUST BE COMMENCED WITH ONE YEAR AFTER THE DATE OF SHIPMENT OR DELIVERY OF SERVICES. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR TECHNICAL ADVICE GIVEN OR NOT GIVEN, OR RESULTS OBTAINED. SELLER HAS SET ITS PRICES AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND OTHER TERMS AND CONDITIONS SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN BUYER AND SELLER AND FORM A BASIS OF THIS BARGAIN BETWEEN THE PARTIES.
8. Excuse of Performance. Seller has no liability for non-performance due to acts of God; acts of Buyer; war (declared or undeclared); terrorism or other criminal conduct; fire; flood; weather; sabotage; strikes, or labor or civil disturbances; governmental requests, restrictions, laws, regulations, orders, omissions or actions; unavailability of, or delays in, utilities or transportation; default of suppliers or other inability to obtain necessary materials; embargoes or any other events or causes beyond Seller’s reasonable control (each, a “Force Majeure Event“). Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of a Force Majeure Event, but the remainder of the Agreement will otherwise remain unaffected as a result of the Force Majeure Event. If Seller determines that its ability to perform the Services or the total demand for Products is hindered, limited or made impracticable due to a Force Majeure Event, Seller may delay delivery of Products and Services and allocate its available supply of Products (without obligation to acquire other supplies of any such Products) among its customers on such basis as Seller determines to be equitable without liability for any failure of performance. In the event of a Force Majeure Event, the date of delivery will be extended by a period equal to the delay plus a reasonable time to train and resume production, and the price will be equitably adjusted to compensate Seller for such delay and related costs and expenses.
9. Laws and Regulations. Compliance with any federal, state, provincial or local laws, regulations and directives (“Laws“) relating to the installation, operation or use of Products or Services is the sole responsibility of Buyer. In addition, Buyer shall comply with all applicable laws, rules, regulations and orders related to anti-bribery or anti-corruption legislation (including without limitation the U.S. Foreign Corrupt Practices Act of 1977 and all national, state, provincial or territorial anti-bribery and anticorruption statutes) and, as such, will make no offer, payment or gift, will not promise to pay or give, and will not authorize, directly or indirectly, the promise or payment of, any money or anything of value to any government official, any political party or its officials, or any person while knowing or having reason to know that all or a portion of such money or item of value will be offered, given or promised for the purpose of influencing any decision or act to assist Seller or Buyer or otherwise obtaining any improper advantage or benefit. The Agreement is governed by the laws of the State where Seller’s principal office is located, without giving effect to its conflict of laws rules, and the parties consent to the exclusive jurisdiction and venue of the federal and state courts located in such State. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply.
10. Drawings. Any designs, manufacturing drawings or other information submitted to Buyer remain the exclusive property of Seller. Buyer shall not, without Seller’s prior written consent, copy such information or disclose such information to a third party.
11. Cancellation. Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of cancellation charges which include: (a) all costs and expenses incurred by Seller, and (b) a fixed sum of 10% of the total price of Products to compensate for disruption in scheduling, planned production and other indirect and administrative costs.
12. Export Control. Certain Products may be subject to export controls under the Laws of the US and other countries. Buyer must comply with all such Laws and not export, re-export or transfer, directly or indirectly, any such Product except in compliance with such Laws.
13. General Provisions. The Agreement constitutes the entire agreement between the parties and supersedes all other communications between the parties relating to the subject matter of the Agreement. Seller’s quotations are offers that may only be accepted in full. No conditions, usage or trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, reject, or supplement the Agreement shall be binding unless made in writing and signed by both parties, expressly and specifically referencing the Agreement, and no modification or objection shall be caused by Seller’s receipt, acknowledgment, or acceptance of purchase orders, shipping instruction forms, or other documentation containing different or additional terms to those set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in a writing signed by both parties, specifically referencing the Agreement. Nothing in the Agreement confers upon any person other than Seller and Buyer any right or remedy under or by reason of this Agreement. All typographical or clerical errors made by Seller in any quotation, acknowledgment or publication are subject to correction.
14. For any mesh RF products, the following applies: USE OF THESE PRODUCTS IN COMBINATION WITH NON-NORTEK SECURITY & CONTROL LLC PRODUCTS IN A WIRELESS MESH NETWORK OR TO ACCESS, MONITOR OR CONTROL DEVICES IN A WIRELESS MESH NETWORK VIA THE INTERNET OR ANOTHER EXTERNAL WIDE AREA NETWORK, MAY REQUIRE A SEPARATE LICENSE FROM SIPCO, LLC OR IPCO, LLC. FOR MORE INFORMATION, CONTACT SIPCO, LLC OR IPCO, LLC AT 8215 ROSWELL RD., BUILDING 900, SUITE 950, ATLANTA, GA 30350, OR AT WWW.SIPCOLLC.COM OR WWW.INTUSIQ.COM. Click here to download Nice North America LLC Terms and Conditions (.pdf) Last updated: February 10, 2016