Introduction

This Agreement provides a general description of the services that Nexure Solutions may provide to you, including creating websites for your organization. We provide you with a more detailed description of the services through YouTube videos and additional resources we make available to you on our website. Before using the services, you must register by contacting us using our website, by email, or by phone. Businesses Nexure only allows businesses (including Sole Proprietors), bona fide charitable organizations, and other entities or persons located in the United States are eligible to apply for a Nexure Solutions account or to use the services described in this Agreement. Nexure Solutions and its affiliates may provide services to you or your affiliates in other countries or regions under separate agreements. To register for a website with us, you or the person or people submitting the application (your “Representative”) must provide us with your business or trade name, physical address, email, phone number, URL, the nature of your business or activities and what the website needs to do, and certain other information about you that we require.

We may also collect personal information (including name, phone and email) about your beneficial owners, principals, and your Nexure Solutions account administrator. Until you have submitted, and we have reviewed and approved, all required information, your Nexure Solutions account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason. You and your Representative individually affirm to Nexure Solutions that (i) your Representative is authorized to provide the information described on your behalf and to bind you to this Agreement and (ii) your Representative is an executive officer, senior manager or otherwise has significant responsibility for the control, management or direction of your business. We may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority. Without the express written consent of Nexure Solutions, neither you nor your Representative may register or attempt to register for a Nexure Solutions Website on behalf of a user Nexure Solutions previously terminated from use of the services. If you are a sole proprietor, you and your Representative also affirm that your Representative is personally responsible and liable for your use of the services and your obligations to Customers, including websites and digital marketing of any sort.

Nexure Development services

Nexure offers software development services worldwide to both business and consumers. Our goal is to create a secure, reliable and seamless development experience for all our clients. To accomplish this we may provide a date of completion, while our team works hard to deliver before or on this date, we reserve the right to take additional time and effectively communicate that we need additional time. While the date is provided as a frame of reference you should not rely on this date as it may be subject to change. Nexure may also provide a developmental link, demo link, design mockups or other updates, these are called milestones and are provided to you to show progress but we do not guarantee that all orders will contain these resources or that these resources will remain active or error free. Nexure reserves the right to remove your software or website from our systems and platform for any reason or no reason at all. Nexure does not permit business that do the following "Adult Content", "Multi Level Marketing", "Businesses that promote scams", and to find more restricted types go to our Restricted Business Page. In the event your content, website or software is removed from our service your money can not be refunded. We can remove your content, website or software and keep the initial deposit. Nexure can also change this agreement at anytime with user and customer notice.

Nexure Marketing Services

Here we specify what is delivery with our marketing services, What we mean by delivery we mean that website visitors are a form of delivery and constitute payment, we do not guarantee or promise sales but rather we promise website visits to your website. Nexure Solutions is a Business Development company that offers Marketing Services the process involves running advertisements on popular platforms thus we cant promise sales or sign-ups but rather we can get you traffic to your website.

Nexure Cloud Services

Nexure Solutions offers Cloud Computing Services and from time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and Nexure Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.

If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period. Following closure of your Nexure account, we will delete Your Content in accordance with the technical documentation applicable to the Services. If you use any artificial intelligence and machine learning Services, features, and functionality (including third-party models) that we provide, you will comply with the Nexure Responsible AI Policy. You will not use, and will not facilitate or allow End Users to use, the Services to mine cryptocurrency without our prior written approval. Use of the services for any hacking, exploiting or damage of another computer system is strictly prohibited unless you own that system and have prior written approval.

If you use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions which are that the Microsoft Software is neither sold nor distributed to you, and you may use it solely in conjunction with the Services. You may not transfer or use the Microsoft Software outside the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Microsoft Software. You may not reverse engineer, decompile, or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law. Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services. Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support. You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. Microsoft is an intended third-party beneficiary of this section with the right to enforce its provisions. For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container, or similar technologies to sell or resell multiple instances, portions of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.

As part of using Nexure Cloud Compute, you agree that your Nexure Cloud Compute resources may be terminated or replaced due to failure, retirement or other Nexure requirements. THE USE OF NEXURE CLOUD COMPUTE DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY NEXURE SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.

Nexure Corporate Domain Services

Use of Nexure Corporate Domains are subject to the following terms in this section. Domain name registration services are provided under ICANN and GoDaddy Registration Requirements. All Domain Name System (DNS) records (other than Private DNS records) used in connection with Amazon Route 53 will be publicly available, and Nexure will have no liability for disclosure of those DNS records. You may not create a hosted zone for a domain that you do not own or have authority over. Reselling of Nexure Domain Services where you are not a Nexure Partner is strictly prohibited.

Nexure IoT Services

Nexure IoT Services are not designed or intended for, and may not be used for, any use case where any error, defect, unavailability, or other deficiency or failure of any Nexure IoT Service could lead to bodily injury or death or cause environmental or property damage. You are solely responsible for: (a) using Nexure IoT Services in a manner that is safe and compliant with applicable laws and industry-specific requirements and standards; (b) testing your use of Nexure IoT Services (such as any delivery of remote commands) prior to deployment in your products and services, and ongoing monitoring of your use of Nexure IoT Services thereafter; (c) any recalls and corrective action for your or your End Users’ products and services that use Nexure IoT Services; and (d) any other liability arising from your use of Nexure IoT Services in violation of this paragraph. You may not rely on data collected through your use of Nexure IoT Services as a substitute for any human monitoring of physical systems necessary to assess whether such systems are operating properly or safely. You are responsible for the creation, distribution, and security (including enabling of access) of any IoT devices connected to or enabled by your Nexure account.

Nexure Email Services & Nexure Mail

Nexure Solutions offers Email Services to clients that have an active account and Managed Web Hosting subscription with us. Use of the Nexure Mail System also known as Nexure Mail is subject to the following terms:

• You may not use Nexure Mail or any Nexure Email System for illegal activities including aiding in or actively participating in terrorism crimes, financial crimes, war crimes, or any other crimes under United States Federal Law.
• You may not use Nexure Mail, Nexure Mailing Lists or any part of the Nexure Mail System for spamming, phishing, fraud, or any deceptive practices.
• Nexure Solutions reserves the right to flag messages as spam as we see fit using a spam protection system.
• Nexure Solutions reserves the right to rate limit, or limit the amount of email someone can send per hour, per day or per month for any reason or no reason at all.
• You may not use Nexure Mail or any other part of the Nexure Email System to distribute pornography, or adult content in any manner.
• You may not use the Nexure Mail System or Nexure Mail to send mass marketing emails unless your business had been approved to do so by Nexure Solutions LLC, and your business adheres to the CAN-SPAM Act outlined by the United States Federal Trade Commission.
• Every email that passes though the Nexure Mail System also known as Nexure Mail is end-to-end encrypted using TLS/SSL. Nexure can't see any email content sent or received by you. Nexure can see senders, recipients and subjects for logging and mail routing purposes.

Your Nexure Account

Nexure accounts are property of Nexure Solutions LLC, We reserve the right to close your Nexure account for any reason or no reason. Refunds are given at our sole discretion and if we close a Nexure account from our end refunds are not possible. In order to close a Nexure account it must not have active services or projects. Nexure accounts are conditionally approved for the first 30 days or until the first invoice is paid (which ever comes first). If your invoice is not paid within 30 days your Nexure account will close. Approval of Nexure accounts are at our sole discretion and we can deny an account application for any reason or no reason as long as it does not on our core beliefs which are Nexure Solutions LLC will not discriminate or harass on the basis of race, color, creed, religion, national origin, political affiliation, weight, sex, sexual orientation, age, marital status, military status, veteran status, disability, use of a recognized guide dog, hearing dog or service dog, domestic violence victim status or other protected categories under state and federal law. If you close your Nexure account, Nexure allows customers to export their data, services and projects to a different provider for a fee, if you don't export your account data Nexure will retain its data for 60 Days before deleting it from our systems. Nexure consents to the assignment of an Nexure account from one entity to another, subject to the terms of the Nexure Account Assignment Requirements.

Data Usage, Privacy, and Security

Protecting, securing, and maintaining the information processed and handled through the services is one of our top priorities, and it should be yours too. This section describes our respective obligations when handling and storing information connected with the services. The following terms used in this section relate to data provided to Nexure by you or your customers, or received or accessed by you through your use of the services. “Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the services. “User Data” means information that describes your business and its operations, your products or services, and orders placed by Customers. The term “Data” used without a modifier means all Personal Data, User Data, Payment Data, and Nexure Data. Confidentiality: Nexure will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the services and as permitted by this Agreement or by other agreements between you and us. Neither party may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so. You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Payment Method Rules. To learn more about Data Security and Privacy go to our privacy policy here.

How we handle payments and processing them

We take payments via online checkout or an emailed invoice this is to mitigate fraud. When a payment is completed your card information is stored in a secure database unless other wise indicated by the customer on checkout. We will not bill your card unless your bill due date comes around of which is specified between us (Nexure) and you (Customer). We also will not issue any refunds after 3 -5 days from delivery this is because we are either not able to or because your agreement specifies other wise. Certain services we offer there are no refunds such as "Nexure Marketing" and other services offer a partial refund like "Nexure Software Development". To lean more about refunds go to our refund policy. You understand and agree that, when you register a payment card, Nexure or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value temporary charge which typically is reversed within 3 - 5 business days.

Events beyond our control

Neither Nexure nor any other Members of the Nexure System have any responsibility for Nexure's failure to perform any of its obligations under these terms cause by or related to any event beyond Nexure reasonable control. If such an event occurs, then Nexure's obligations under these terms will be suspended for the duration of the event; and Nexure may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes

You agree that:

• Any claim or dispute (whether in contract, tort, or otherwise) you may have with Nexure or any other Members of the Nexure System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
• This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
• Prior to you or Nexure initiating arbitration by filing a Notice of Claims with JAMS, you and Nexure will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s preferred contact information; (3) a brief description of the dispute; and (4) the relief sought. If you are the initiating party, the Notice must be sent via e-mail to admin@nexuresolutions.com. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and Nexure mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconferencing. If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well. Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration. The statute of limitations and all arbitration filing fee deadlines shall be tolled while you and Nexure engage in this process;
• If, following the informal dispute resolution process described in subpart 3 above, either you or Nexure decides to file a Notice of Claims or some other type of demand for arbitration, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought. Filing a demand that does not include the above information may result in the rejection of your demand for arbitration;
• The arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Nexure or other Members of the Nexure System;
• The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
• The arbitrator shall apply Pennsylvania law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
• No claims shall be arbitrated on a class or representative basis as you and Nexure hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Nexure; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Nexure under this provision;
• You and Nexure's empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrarily of any dispute and any claim that all or any part of these terms are void or voidable;
• In the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250 USD, Nexure agrees to pay any such administrative, arbitrator and filing fees exceeding $250 on your behalf, subject to ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than $250, Nexure will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court. In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nexure will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;
• If more than 1,000 arbitration demands are filed against Nexure relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 4 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and Nexure relating to that decision or those facts, then both you and Nexure have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in Chester County, Pennsylvania or in the United States District Court for the Southern District of Pennsylvania by sending a written notice to the other party;
• With the exception of subparts 8 and 11 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either or both of subparts 8 and 11above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Nexure nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of Chester County, Pennsylvania or the United States District Court for the Southern District of Pennsylvania. If litigation ensues for any reason, both you and Nexure agree to waive any right to a trial by jury. Further, neither you nor Nexure shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Nexure are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.

Miscellaneous

• Nexure makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
• These terms will be governed and interpreted pursuant to the laws of Pennsylvania, notwithstanding any principles of conflicts of law.
• Although these terms govern the online services as between Nexure and you only (and neither Apple nor any other Members of the Nexure System are parties to these terms), Apple and all other Members of the Nexure System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Nexure holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Nexure and other Members of the Nexure System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlaw-ful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If Nexure fails to insist that you perform any of your obligations under these terms, or if Nexure does not enforce its rights against you, or delays in doing so, that will not mean that Nexure has waived its rights against you and will not mean that you do not have to comply with those obligations.
• No claims shall be arbitrated on a class or representative basis as you and Nexure hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Nexure; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Nexure under this provision;
• You and Nexure empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrarily of any dispute and any claim that all or any part of these terms are void or voidable;
• Nexure may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Nexure agrees in writing.
• Usage of Nexure to offer competitive services is strictly prohibited, If we find that you are using our services for this purpose without express written permission from Nexure we reserve the right to terminate service. Nexure is not responsible nor do we guarantee that our service will be free of mistakes or free of errors and/or outages.

Linking to this website

Nexure consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Nexure; (c) imply that Nexure approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Nexure or otherwise damage the goodwill associated with the Nexure name or trademarks. As a further condition to being permitted to link to this site, you agree that Nexure may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of Nexure trademarks.

Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. NEXURE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, NEXURE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.