THE NEXXUS GROUP USER AGREEMENT – TERMS AND CONDITIONS
Last updated: March 23, 2023
Acceptance of Terms and Conditions
Nexxus Group has prepared The Nexxus Group User Agreement – Terms and Conditions (“Agreement”). Throughout the Agreement, the terms “we,” “us,” and “our” refers to Nexxus Group. The terms “you” and “your” refer to you, the person or entity user of this site. The Agreement is to serve as a contract between you and Nexxus Group. This Agreement applies to you as a user of our site. By accessing and using this website, you accept and agree to be bound by the terms and conditions of this Agreement. In addition, when using specific services on this website, you and Nexxus Group shall be subject to any posted guidelines or rules applicable to those services. All such guidelines or rules are hereby incorporated by reference into this Agreement.
ACCESSING OR USING THIS WEBSITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE OR ITS SERVICES.
Modification of This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement from, time to time, without prior notice. Any new features or tools added to the current site shall also be subject to this Agreement. It is your responsibility to check this page for changes. By continuing to access and use this website after we post any such changes, you accept the Agreement, as modified.
Use of Website
Access to and use of our website is subject to applicable federal, state, and local laws and regulations. By accessing or using this website, you certify that: (1) you are over the age of majority in your country, state, or province, and have the legal capacity to form a binding contract; (2) you will not violate or attempt to violate the security of this website; (3) you will not interfere with or disrupt this website or any server or network connection that we may use; (4) you will not distribute viruses or any other technologies; (5) you will not intentionally or unintentionally violate any applicable federal, state, or local laws or regulations.
Third-Party Links
This website may produce automated search results or otherwise link you to other websites on the Internet that are owned and operated by third parties (“Third-Party Websites”). These sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Websites are not under the control of Nexxus Group, and you acknowledge that we are not responsible for the accuracy, copyright, compliance, legality, decency, or any other aspect of the content of such websites. Furthermore, we shall not be liable for any damages or losses in connection with any such Third-Party Websites. The inclusion of such a link does not imply endorsement, authorization, sponsorship, or affiliation with respect to the website by us.
Intellectual Property Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without our prior express written permission. Permission is granted only when certain limited criteria are met. For more information on requesting such permission, please contact us at service@thenexxusgroup.com.
Termination
This Agreement remains effective unless and until terminated by either you or us. The Agreement may be terminated by you when you cease using our site. We reserve the right to, in our sole discretion, terminate your access to all or part of this website, with or without notice.
Disclaimer of Warranties.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; SOME EXCLUSIONS MAY NOT APPLY TO YOU. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. NEXXUS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED AS IT RELATES TO THE OPERATION OF THE SITE. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR SUBSIDIARIES, AND LICENSORS DISCLAIM AND EXCLUDE ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS, AND GUARANTEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE, OUR SUBSIDIARIES, AND LICENSORS DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (2) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (4) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (5) THE CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THIS SITE BECAUSE OF INADEQUATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE, OR FOR ANY OTHER REASON. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARIES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR SUBSIDIARIES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES LIABLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF MONEY, PROFITS, REVENUE, DATA, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) INACCURATE, UNRELIABLE, OR INCORRECT CONTENT; (2) THE USE OR INABILITY TO USE THIS SITE; (3) DELAYS, DISRUPTIONS, OR ERRORS IN THE SYSTEM; (4) VIRUSES OR OTHER MALICIOUS SOFTWARE; OR (5) GLITCHES, BUGS, DEFECTS, ERRORS, OR INACCURACIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH LIABILITIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Entire Agreement.
This Agreement constitutes the entire, complete, and exclusive agreement between you and Nexxus Group with respect to this site and supersedes all prior or contemporaneous agreements and understandings, whether written, oral, or electronic, between you and Nexxus Group with respect to this site.
Severability.
If any provision, in whole or in part, of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, to the maximum extent possible, the original intentions of the parties, and the remaining provisions of this Agreement shall remain in full force and effect.
Indemnification.
Upon a request from us, you agree to defend, indemnify, and hold us, our subsidiaries and other affiliated companies, all employees, contractors, officers, directors and agents harmless from all liabilities, claims, and expenses (including attorneys’ fees and expenses) that arise from (1) your use or misuse of this site and (2) your failure to comply with this Agreement. we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses,
Choice of Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
No Waiver
Neither a failure nor a delay on the part of Nexxus Group to enforce any part of the Agreement shall constitute a waiver of any of our rights under this Agreement. Only an expressly written waiver signed by an authorized representative of Nexxus Group shall have any legal effect whatsoever.
Contributions to Nexxus Group
By submitting any questions, suggestions, or comments (“Contributions”) to us through the Contact to Company page, you acknowledge and agree that: (a) Contributions do not contain any confidential or proprietary information; (b) We have no obligation of confidentiality, express or implied, with respect to Contributions; (c) We may use or disclose any Contributions as it pleases; (d) all Contributions become the sole property of Nexxus Group; and (e) We shall have no obligations to you with regards to any Contributions – meaning that you are entitled to any compensation or reimbursement from Nexxus Group for any Contribution.
International Use
We make no representation that materials on this website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain Nexxus Group from operation of this website or its ordinary business, exploitation of any advertising or other materials issued in connection therewith, or exploitation of any content or services offered through or displayed on this website.
Contacting Nexxus Group
Should you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you should notify us immediately. Furthermore, if you become aware of any violation of this Agreement, please notify us.
Headquarters
Nexxus Group
500 Cummings Center
Suite 6100
Beverly, MA 01915
(978) 993-7044