Legal
These Website Terms of Use (these “Terms”) govern your access to and use of the website located at https://nexersystems.com/ and any related pages, content, and features operated by Nexer Systems LLC (the “Company”, “we”, “us”, or “our”) (collectively, the “Site”). Please read these Terms carefully. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Site.
1.1 These Terms apply to your use of the Site as a visitor and to any inquiries, form submissions, or communications you make through the Site. The Site is an informational and marketing website.
1.2 These Terms do not govern the Company’s software-as-a-service platform or related services (the “Services”). Access to and use of the Services are governed by a separate Master Subscription Agreement and the policies incorporated into it. In the event of any conflict between these Terms and the Master Subscription Agreement with respect to the Services, the Master Subscription Agreement controls.
1.3 Our Privacy Policy, available on the Site, is incorporated into these Terms by reference and describes how we handle information collected through the Site.
2.1 The Site is intended for businesses and for individuals who are at least eighteen (18) years of age and able to form a legally binding contract. The Site is not directed to children. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate.
3.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal or internal business informational purposes. We reserve all rights not expressly granted.
4.1 You agree not to, and not to permit any person or automated system to:
4.2 We may investigate and take appropriate action against any suspected violation, including restricting or terminating your access to the Site.
5.1 The Site and all content, text, graphics, design, layout, copy, images, videos, software, and other materials on it, and all trademarks, service marks, trade names, and logos displayed on it (collectively, the “Site Content”), are owned by the Company or its licensors and are protected by intellectual-property and other laws. Except for the limited license in Section 3, no right, title, or interest in the Site Content is transferred to you.
5.2 You shall not use any Company name, mark, or logo without our prior written consent. Any unauthorized use of the Site Content terminates the license granted under these Terms.
6.1 The Site offers forms through which you may submit your name, telephone number, email address, and other information to request information, a demonstration, or contact from us.
6.2 Consent to be contacted. By submitting your information through any form on the Site, you confirm that the information is accurate and that you are authorized to provide it, and you expressly consent to be contacted by the Company and its representatives at the telephone number and email address you provide — including by telephone call, text or SMS message, and email — for purposes of responding to your inquiry, providing information about the Services, and marketing, in each case including through the use of automated dialing or messaging technology where applicable. Consent is not a condition of purchasing any product or service. Message and data rates may apply and message frequency may vary. You may opt out of text messages at any time by replying STOP, and opt out of marketing emails by using the unsubscribe link in any such email.
6.3 Feedback. If you provide any feedback, ideas, or suggestions regarding the Site or the Services, you grant the Company a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.
7.1 The content on the Site is provided for general informational purposes only and does not constitute legal, financial, tax, medical, or other professional advice. You should not rely on it as a substitute for advice from a qualified professional.
7.2 No guarantee of results. The Site may present statistics, examples, case studies, testimonials, or illustrations of results. Any such figures or examples are provided for illustration only, reflect particular circumstances, and are not a promise, guarantee, or representation that you or any client will achieve the same or any particular business, revenue, lead, booking, sales, or other result. Results depend on many factors outside the Company’s control, including your own business, market, and execution. Nothing on the Site is a guarantee of results.
8.1 The Site may contain links to third-party websites or services that we do not own or control. We provide such links for convenience only and are not responsible for the content, policies, or practices of any third party. Your use of any third-party website or service is at your own risk and subject to that third party’s terms.
9.1 THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCURATE.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100). NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
11.1 You agree to indemnify, defend, and hold harmless the Company and its affiliates, members, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Site, your submissions, your violation of these Terms, or your violation of any law or the rights of any third party.
12.1 We may modify these Terms at any time by posting the updated version on the Site with a revised “Last Updated” date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. We may also modify, suspend, or discontinue any part of the Site at any time without notice.
13.1 We may restrict, suspend, or terminate your access to all or part of the Site at any time, with or without cause and with or without notice. Sections that by their nature should survive termination (including Sections 5, 7, 9, 10, 11, 14, and 15) shall survive.
14.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles.
14.2 The parties shall first attempt in good faith to resolve any dispute by negotiation. Any dispute not so resolved shall be finally resolved by binding arbitration administered under the American Arbitration Association (AAA) Commercial Arbitration Rules by one (1) arbitrator, seated in Sheridan, Wyoming, conducted in English. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.
14.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
14.4 Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Site Content or to address unauthorized access to or misuse of the Site.
15.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and supersede all prior understandings on that subject.
15.2 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect.
15.3 No Waiver. No failure or delay in exercising any right shall operate as a waiver of that or any other right.
15.4 Assignment. You may not assign or transfer these Terms. We may assign these Terms to any affiliate or successor.
15.5 No Third-Party Beneficiaries. These Terms are for the benefit of you and the Company only and create no rights in any other person.
15.6 Electronic Communications. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
15.7 Contact. Questions about these Terms may be directed to:
Nexer Systems LLC