Terms of Use

Acceptance of Terms

nexB Inc. (“nexB” or “us” or “we”) owns and operates the website at nexB.com (the “Website”). These Website Terms of Use govern all access to and use of the Website and constitute a binding legal agreement. Please read these Website Terms of Use and our Website Privacy Policy at nexB.com/privacy. By accessing, browsing or using the Website, you are agreeing to these Terms of Use, our Privacy Policy and all other policies or notices posted by us on the Website. If you do not agree to these Terms of Use, do not use the Website. We can change these Terms of Use at any time without any notice to you. It is your responsibility to review these Terms of Use from time to time for any changes as it creates a binding legal agreement between you and nexB. If you use the Website after we have changed any of the Terms of Use, you are agreeing to all of the changes. If you do not agree, do not use the Website.

 

Use of the Website

You may use the Website solely in accordance with these Website Terms of Use. Subject to your compliance with these Website Terms of Use, you may view, download and print the materials we make available on this Website, solely for your own personal, non-commercial use, provided that none of the content is modified and any and all of nexB legal legends are retained. You may not “mirror” any content contained within the Website without our express prior written consent. Except as stated herein, none of the Website’ content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of nexB or the appropriate copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of nexB or its licensors except as expressly stated in these Website Terms of Use. These Website Terms of Use do not govern your use of any products or services that may be offered by nexB from or in connection with the Website, or otherwise, which are subject to their own terms and conditions.

 

Your Content and Personal Data

Any material, information or ideas that you transmit to nexB through these Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary. Any Personal Data provided by you will be handled in accordance with the nexB Privacy Policy. “Personal Data” is information that directly or indirectly identifies you or another individual, and may include name, title, company name, job function, expertise, postal address, telephone number, email address, browser and device information (including IP Address), and information collected through cookies and other similar technologies. We limit the collection of your Personal Data in our Website to the minimum necessary to operate the Website.

 

Site Content

All content included on the Website (collectively , “Site Content”) is the property of nexB or its licensors and is protected by United States and international copyright laws. The text, files, images, graphics, illustrations, documentation, information, data, audio, video, photographs and other content available on or offered through any of the Website are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, trade secrets and other proprietary and intellectual property rights (“Intellectual Property Rights“) owned by nexB. Except as expressly set forth in this agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Site Content, or any Intellectual Property Rights therein or related thereto. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site Content without the prior written permission of nexB. If you would like to use the Site Content in a manner that is not expressly set forth in this Agreement, please send your request to nexB at info@nexB.com. All brand, product and service names used on the Website which identify nexB or our products and services are the trademarks or service marks of nexB. Nothing in this Terms of Use shall be deemed to confer on any person any license or right on the part of nexB with respect to any such image, logo or name.

 

Copyright Infringement Claims

If you believe that something on our Website violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to act, you must do the following in your notice:
  • provide your physical or electronic signature;
  • identify the copyrighted work that you believe is being infringed;
  • identify the item on our Website that you think is infringing your work and include sufficient information about where the material is located on our Website so that we can find it;
  • provide us with a way to contact you, such as your address, telephone number, or e-mail;
  • provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
  • provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed
  The contact information for copyright-related inquiries is:

nexB Inc. Attention: Legal 4966 El Camino Real, Suite 119, Los Alto, CA 94022 Tel: 650-592-2096 Fax: 650-592-2096 E-Mail: legal@nexb.com

We cannot act unless you give us all the required information.

 

Availability

You acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events. Also, we may decide to cease making the Website or any portion of the Website available, at any time and for any reason. Under no circumstances will nexB be held liable for any damages due to such interruptions or lack of availability.

 

Links to Other Website

Our Website may contain links to other Website that we do not own or control. We are not responsible for any of these other Website. You will not hold us responsible for any aspect of these other Website, including their content, privacy policies, or anything else. You may be exposed to things on other Website that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other Website. You should also read the terms and conditions and privacy policies of these other Website.

 

Warranty Disclaimer

The Website and Site Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, nexB expressly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. nexB makes no warranty that the Website or their content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. nexB makes no warranty regarding the quality of any products, services or content obtained through the website or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website. No advice or information, whether oral or written, obtained from nexB or through the Website, will create any warranty not expressly made herein.

 

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall nexB be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Website or for any content provided on or through the Website, even if nexB has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, notwithstanding anything to the contrary contained herein, nexB’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a maximum amount of $100.

 

Indemnity

You agree to defend, indemnify, and hold nexB, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Website Terms of Use.  

Export Control

nexB operates and controls the Website from within the United States. We make no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal or prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws. You agree to comply fully with all U.S. and foreign export laws and regulations and to ensure that you do not use or export or re-export directly or indirectly the Website or any content accessible through it in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

 

General Terms

These  Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The state and federal courts located in the Northern District of California will be the exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Contacting nexB

For questions, comments or concerns regarding these Terms of Use, please contact us at https://nexb.com/contact-us/.

 

nexB Website Terms of Use — April 18, 2022