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IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND Nexus Tech LLC or, as applicable, its local subsidiary (“We” or “Company” or ” Nexus Tech” or “NexusTech” or “NT”). BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “NT Website”). WE ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.
The NexusTech Website is provided by Nexus Tech, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the NT Website and any programs, services, tools, materials, or information made available through or from the NT Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the NT Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the NT Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the NT Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the NT Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Nexus Tech regarding access and usage privileges for the NT Website, including, without limitation, a member services agreement with Nexus Tech. Nevertheless, your personal use of the NT Website will be subject to the obligations and restrictions regarding use of the NT Website as set forth in this TOS.
The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Nexus Tech through the NT Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the NT Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the NT Website or in any way reproduce or circumvent the navigational structure or presentation of the NT Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the NT Website, (ii) attempt to gain unauthorized access to any portion or feature of the NT Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the NT Website or to any Nexus Tech server or to any of the services offered on or through the NT Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the NT Website or any network connected to the NT Website, nor breach the security or authentication measures on the NT Website or any network connected to the NT Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the NT Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the NT Website or Nexus Tech’s systems or networks or any systems or networks connected to the NT Website, (vi) use any device, software, or routine to interfere with the proper working of the NT Website or any transaction conducted on the NT Website, or with any other person’s use of the NT Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Nexus Tech on or through the NT Website, (viii) use the NT Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the NT Website (or any part thereof) without Nexus Tech express, separate, and prior written permission, or (x) use the NT Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Nexus Tech.
By downloading, accessing, or using the NT Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the NT Website, including, without limitation, when you provide information via a NT Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Nexus Tech reserves the right to terminate immediately your access to and use of the NT Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the NT Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Nexus Tech in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the NT Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the NT Website is solely at your own risk. While Nexus Tech has endeavored to create a secure and reliable NT Website, you should understand that the confidentiality of any communication or material transmitted to/from the NT Website over the Internet or other form of Nexus Tech network cannot be guaranteed. Accordingly, Nexus Tech is not responsible for the security of any information transmitted to or from the NT Website. You agree to assume all responsibility concerning activities related to your use of the NT Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the NT Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the NT Website shall only be available through the sole discretion of Nexus Tech or pursuant to the terms and conditions of a separate written agreement with Nexus Tech.
When using and/or to facilitate the operation of certain features of the NT Website, you may provide Nexus Tech with additional content or information (a “Posting”). In connection with delivering and providing to Nexus Tech any such Posting, you hereby and automatically grant to Nexus Tech a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the NT Website and Nexus Tech’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Nexus Tech with reasonable proof thereof (if requested)) required for Nexus Tech to use such content or information in connection with Nexus Tech’s services and the NT Website. Notwithstanding the foregoing, you acknowledge and agree that Nexus Tech shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the NT Website in a timely or accurate manner. Moreover, Nexus Tech assumes no responsibility for the deletion of or failure to store any content or information.
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the NT Website, and/or to other specific portions or features of the NT Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Nexus Tech membership benefits until you execute and Nexus Tech accepts Nexus Tech’s member services agreement with Nexus Tech. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the NT Website, the latter terms shall control with respect to your use of that portion of the NT Website. Nexus Tech’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
Registration as an Authorized User for access to certain areas of the NT Website may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the NT Website and to your account. Accordingly, by using the NT Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Nexus Tech if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Nexus Tech cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Nexus Tech reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the NT Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the NT Website, you acknowledge and agree that your use of the NT Website will constitute acceptance of Nexus Tech’s personal identifying information collection and use practices. Please see Nexus Tech’s Privacy Policy for Nexus Tech’s personal identifying information collection and use practices.
This NT Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the NT Website contains such communication forums (collectively, “Forums”), you agree that by using the NT Website you will not post or transmit any of the following materials on the NT Website’s Forums:
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Nexus Tech encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
You represent that you have all necessary rights to make the Posting available to Nexus Tech and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Nexus Tech has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the NT Website, Nexus Tech has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Nexus Tech assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
Nexus Tech is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Nexus Tech’s right and ability to delete or remove a Posting (or any part thereof), Nexus Tech does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Nexus Tech reserves the right to delete or take other action with respect to Postings (or parts thereof) that Nexus Tech believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Nexus Tech or its products, services, and goodwill. If you violate this TOS, Nexus Tech may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Nexus Tech Website. Moreover, it is a policy of Nexus Tech to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Nexus Tech.
This TOS provides only a limited license to access and use the NT Website. Accordingly, you expressly acknowledge and agree that Nexus Tech transfers no ownership or intellectual property interest or title in and to the NT Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the NT Website, unless otherwise indicated, are owned, controlled, and licensed by Nexus Tech and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Nexus Tech does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the NT Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Nexus Tech does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Nexus Tech’s trademarks. This NT Website is copyrighted. Copyright Nexus Tech and/or its licensors. All rights reserved. Nexus Tech also owns a copyright in the contents of the NT Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the NT Website. Any downloadable or printable programs, directories, databases, information, or materials available through the NT Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Nexus Tech. Nexus Tech, the Nexus Tech logo, and all other names, logos, and icons identifying Nexus Tech and its programs, products, and services are proprietary trademarks of Nexus Tech, and any use of such marks, including, without limitation, as domain names, without the express written permission of Nexus Tech is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
Nexus Tech welcomes your feedback and suggestions about Nexus Tech’s products or services or the NT Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Nexus Tech, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Nexus Tech and enable Nexus Tech to use such feedback. In addition, any feedback received through the NT Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Nexus Tech to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Nexus Tech may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Nexus Tech and are maintained by third parties over which Nexus Tech exercises no control. Accordingly, Nexus Tech expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Nexus Tech, in its sole discretion, may post the advertisements of third parties on the NT Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Nexus Tech’s members. Nexus Tech makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the NT Website are solely between you and such third party. Accordingly, Nexus Tech expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the NT Website, and you agree that Nexus Tech shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the NT Website.
WHILE NEXUS TECH ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE NT WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NEXUS TECH IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE NT WEBSITE. MOREOVER, NEXUS TECH MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE NT WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE NT WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NT WEBSITE. NEXUS TECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE NT WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NEXUS TECH ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE NT WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly absolve and release Nexus Tech from any claim of harm resulting from a cause beyond Nexus Tech’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL NEXUS TECH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NT WEBSITE, WITH THE DELAY OR INABILITY TO USE THE NT WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE NT WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXUS TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NEXUS TECH FOR ANY REASON WHATSOEVER RELATED TO USE OF THE NT WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO NEXUS TECH IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
You agree to defend, indemnify, and hold harmless Nexus Tech and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Nexus Tech, you shall immediately (i) notify Nexus Tech of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Nexus Tech of the results of such investigation, (c) assist Nexus Tech using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Nexus Tech as reasonably necessary to enforce Nexus Tech’s rights and to enable Nexus Tech to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Wyoming, U.S.A. as applied to agreements entered into and completely performed in the State of Wyoming. You and Nexus Tech each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Wyoming for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Nexus Tech must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Nexus Tech makes no representation that the NT Website is appropriate or available for use in other locations outside the State of Wyoming, and access to the NT Website from states, territories, or nations where any aspect of the NT Website is illegal is prohibited. You access the NT Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the NT Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Nexus Tech if you wish to receive a printed copy of this TOS.
Actual or attempted unauthorized use of the NT Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Nexus Tech reserves the right to view, monitor, and record activity on the NT Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the NT Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the NT Website as well as to disclosures required by or under applicable law or related government agency actions. Nexus Tech will also comply with all court orders involving requests for such information. In addition to the foregoing, Nexus Tech reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the NT Website, or any portion of the NT Website, in order to protect the NT Website, Nexus Tech, or Nexus Tech’s business.
This TOS and your right to use the NT Website will take effect at the moment you use the NT Website. In addition, Nexus Tech reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the NT Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the NT Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the NT Website in your possession. In addition to the miscellaneous section below, the provisions concerning Nexus Tech’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Nexus Tech, such injury would not be quantifiable in monetary damages, and Nexus Tech would not have an adequate remedy at law. You therefore agree that Nexus Tech shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Nexus Tech post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Nexus Tech to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as Nexus Tech’s licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Nexus Tech’s prior written consent. You agree that Nexus Tech may assign any rights, duties or benefits under this TOS or then entire TOS to any of its subsidiaries or affiliates at any time without notice. Failure by Nexus Tech to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Nexus Tech of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Nexus Tech as result of this TOS or your utilization of the NT Website. Headings herein are for convenience only. This TOS, along with the Nexus Tech’s Privacy Policy, represents the entire agreement between you and Nexus Tech with respect to use of the NT Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Nexus Tech with respect to the NT Website.
This privacy policy applies to any NexusTech website, application, service, or tool (collectively “Services”) where this privacy notice is referenced, regardless of how you access or use them, including through mobile devices. It also applies to any other communication we may have with you. We do not knowingly attempt to solicit or receive information from children.
If you are a training participant, your employer (or other third party paying for training) supplies us with your business contact information: Name, email address, physical address and phone number. Some employers also provide additional identifying information such as an employee ID number. We do not ask for nor do we process sensitive personal information.
If you are purchasing training for yourself or interacting with our Services without being a training participant, we collect the contact information you provide.
In interacting with our Services, we collect IP address and data associated with cookies. We will also generate information about your use of the services, including creating a record of your training.
We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.
We collect information when you register for and use the Services. We also collect personal information from you and any devices (including mobile devices) you use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, provide us information at a tradeshow or other event, or when you otherwise correspond with us.
We also collect information when orders are placed from the party making the order. This information is typically provided by an employer, but may be provided directly by you or another third party purchasing services on your behalf.
We endeavor to provide you with choices about how we use your personal information to communicate with you, to send you marketing information, and how we provide you with individualized Services and relevant information.
There are some instances, however, where the processing of your information may be limited or determined by others. If your data was provided to us by your employer (or other party paying for our Services on your behalf), we will process the data based on the legitimate interests of your employer in having us provide Services to you in the context of that relationship. We may also process your personal information with regard to our legitimate interest in compliance and maintaining business records.
Applicable law in certain countries provides, and this Privacy Statement sets forth, the legal basis upon which we rely in order to process personal data.
Legitimate interests: We may rely on our legitimate interests to process your personal data, provided that our interests are not overridden by your interests, fundamental rights, or freedoms. In particular, we may process your personal data in reliance on a legitimate interest in the effective and lawful operation of this Site and our businesses, as well as the effective delivery of information and services to you. We may have other legitimate interests and, if so, we will make clear what those interests are at the relevant point in time.
Performance of a contract: NexusTech delivers business and training to end user students on the basis of a contract with our customers. These contracts provide for the use of personal data of end user students, such as name, email address, and job title, as necessary to effectuate training delivery.
Compliance with legal obligations: We may process your personal data if necessary for us to comply with a legal obligation arising under an applicable law. Processing any “special” or “sensitive” categories of personal data relating to you will occur because either: (i) you have given us your explicit consent; (ii) it is necessary for the establishment, exercise, or defense of a legal claim; or (iii) you have made the data manifestly public.
We use your personal information to provide and improve our Services, provide you with a personalized experience in using our Services, contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
If we received your personal information from an employer in connection with the provision of Services, we will use that information to communicate with you and provide the Services. We may also provide information about your use of the Services to your employer.
Information about Services provided to a specified individual may appear in invoices and other financial records. We may also process and retain personal information for purposes of compliance with laws and regulations.
We respect your right to access, correct, request deletion or request restriction of our usage of your personal information as required by applicable law. We also take steps to ensure that the personal information we collect is accurate and up to date.
We may disclose your personal information to other members of the NexusTech corporate family or to third parties. This disclosure may be required for us to provide you access to some of our Services, to comply with our legal obligations, to enforce our Terms of Service or other agreements, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services and otherwise comply with the law. We attempt to minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose.
We do not sell, rent, or otherwise disclose your personal information to third parties for their marketing and advertising purposes without your consent.
More specifically:
NexusTech utilizes cloud technologies for the hosting of data, in both North America and EMEA, with the regions providing backup to each other, which means we could potentially store your personal data in either or both regions. We use leading industry providers of cloud hosting.
We retain your personal information for as long as necessary to provide the Services, or for other essential purposes such as maintaining financial and tax records, complying with our legal obligations, resolving disputes, and enforcing our policies.
We protect your personal information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.