1. Acceptance of Terms
By accessing or using the Nexivo Consulting website ("Site"), or by engaging our services, you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
These Terms constitute a legally binding agreement between you and Nexivo Consulting ("we," "our," or "us"). We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
2. Use of Our Website
Permitted Use
You may use our Site for lawful purposes only. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
- Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious code
- Scrape, crawl, or use any automated means to access the Site without our express written permission
- Interfere with or disrupt the integrity or performance of the Site
- Use the Site to transmit any unsolicited or unauthorized advertising or promotional material
Account Responsibility
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Our Services
Nexivo Consulting provides digital marketing, SEO, mobile application development, web design, and related consulting services ("Services"). Specific terms regarding our Services will be outlined in separate service agreements or statements of work.
We reserve the right to refuse service to anyone for any reason at any time. All descriptions of Services are subject to change at our sole discretion.
4. Intellectual Property Rights
Our Content
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Nexivo Consulting, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.
Your Content
By submitting content, materials, or information to us (including through contact forms or project inquiries), you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing our Services and operating our business.
5. Payment Terms
Fees for our Services will be outlined in separate proposals, invoices, or service agreements. Unless otherwise agreed in writing:
- All fees are quoted in US dollars
- Payment is due within 15 days of invoice date
- Late payments may incur interest at 1.5% per month or the maximum legal rate, whichever is lower
- You are responsible for any taxes, duties, or levies applicable to our Services
6. Limitation of Liability
To the maximum extent permitted by law, Nexivo Consulting and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Site or Services
- Any conduct or content of any third party on the Site
- Unauthorized access, use, or alteration of your transmissions or content
- Any other matter relating to the Site or Services
Our total liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the amount you paid to us, if any, during the twelve (12) months preceding the event giving rise to the liability.
7. Disclaimer of Warranties
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXIVO CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Site or Services will meet your requirements
- The Site or Services will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Site or Services will be accurate or reliable
- Any errors in the Site or Services will be corrected
8. Indemnification
You agree to defend, indemnify, and hold harmless Nexivo Consulting and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
9. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by Nexivo Consulting. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with your use of any such third-party content or services.
10. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately.
Sections regarding intellectual property, limitation of liability, indemnification, and governing law shall survive any termination.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Site or Services shall be instituted exclusively in the state or federal courts located in San Francisco County, California.
12. Dispute Resolution
Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, the parties agree to submit to binding arbitration administered by the American Arbitration Association in San Francisco, California.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Nexivo Consulting regarding your use of the Site and Services, superseding any prior agreements between you and us.
15. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: legal@nexivoconsulting.com
- Phone: +1 (805)-807-1995
- Address: San Francisco, CA, United States