Terms of service.

These Terms of Service (“Terms”) apply when you use the Nexutive, LLC (“Company”) website (the “Website”) on any electronic device, mobile or otherwise. These terms are a legal contract between you and the Company. Your use of the website indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Website.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 8) AND DISCLAIMERS OF LIABILITY (SECTION 9).

1.         General 
Nexutive may change the Terms at any time in its sole discretion. If you continue to use the Website after changes are posted, you will be deemed to have accepted the change.

2.         Compliance With Applicable Laws
As a condition of your access to and use of the Website, you agree that you will not use the Website for any purpose that is unlawful.

3.         Privacy
By using the Website, you indicate that you understand that the Company may collect and use data, including metadata, about such use.

4.         Copyright
The Website (including, but not limited to, text, photographs, graphics, video, and audio content) is copyrighted and is protected by copyright laws of the United States and other countries. You are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the content of the Website.

5.         Prohibited Conduct
You may not access or use, or attempt to access or use, the Website to take any action that could harm or create liability for the Company or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

  • Make use of the contents of the Website in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.

  • Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information. 

  • Take any action that imposes an unreasonable or disproportionately large load on the Company’s network or infrastructure.

  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website.

  • Take any action that violates or threatens the Company’s system or network security. 

6.         Third-Party Content and Links to Third-Party Websites
The Website may, from time to time, contain links to other websites. The Company does not endorse, sponsor, recommend, or otherwise accept responsibility for any linked sites, and the Company is not responsible for the content or privacy practices of the linked sites.

7.         Communications.
If you communicate with the Company through the Website, or through any email address found on the Website, you should know that such communication is not secure unless you take steps to encrypt or otherwise secure the communication. You should not send sensitive or confidential messages to the Company unless you are certain that you have adequately encrypted or otherwise secured such messages.

8.         Disclaimer of Warranties
THE COMPANY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF INFORMATION, AND (D) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE COMPANY OR ANY THIRD PARTY.

9.         Limitation of Liability
THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, LOSS OF PROFIT, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10.       Indemnification
You agree to indemnify and hold harmless The Company and its parents, subsidiaries, and affiliates, and their members, managers, directors, officers, employees, shareholders, agents, and representatives from and against all losses, expenses, damages, fees, and costs, including reasonable attorneys’ fees, resulting or otherwise arising from any violation of the Terms. The Company reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by us.

11.       Governing Law; Jury Waiver; Fee-Shifting
This Agreement shall be governed by the laws of the United States and the State of Maryland. By using the Website, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions, and you agree to personal jurisdiction in Maryland and venue in Montgomery County Circuit Court and any federal court having jurisdiction over Montgomery County, Maryland. You agree that no party in any litigation between you and the Company shall seek a jury, including, without limitation, a jury to determine factual or liability issues. In the event of litigation between you and the Company, the Company shall, if it is the substantially prevailing party, be entitled to an award of attorney’s fees

12.       Termination
The Company may terminate this agreement for any reason at any time. Sections of the Terms that reasonably should survive termination of this agreement shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

13.       Miscellaneous

            (a)       No Waiver. The failure of the Company to enforce, or timely enforce, any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to subsequently enforce any terms or conditions of the Terms or to act with respect with similar breaches.

            (b)       No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website, and you further agree that no client relationship is established between you and the Company simply by virtue of your use of the Website.

            (c)        Construction. You agree that any court interpreting the Terms shall treat the Terms as if they had no drafter, and shall not employ any rule of construction or interpretation that would cause any ambiguity in the Terms to be construed against the Company or in your favor. As the context requires, the singular shall be deemed to include the plural and vice versa, and use of the masculine, feminine, or neuter gender shall be deemed to include each other gender, as a reasonable construction of the context permits. The headings used for each Section herein are for convenience and reference only, and are not intended to, and shall not, alter the meaning or construction of any particular Section. 

            (d)       No Third-Party Beneficiaries. You and the Company agree that there are no third-party beneficiaries of this Agreement.

            (e)        Entire Agreement. Unless otherwise specified herein or in a separate written agreement between you and the Company, the Terms constitute the entire agreement between you and the Company regarding your use of the Website. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, or shall be severed if so required by law, and the remaining portions shall remain in full force and effect.