Terms of Use
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NEBUSTREAM TECHNOLOGIES LLC ("we", "us", or "our"), concerning your access to and use of our website and services.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and NEBUSTREAM TECHNOLOGIES LLC ("we", "us", or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
The company is registered in Texas, United States at 816 Granite Shoals Dr., McKinney, Texas 75071. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
The Site is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Site.
2. Intellectual Property Rights
The Site and all its content including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics are our property or licensed to us and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3. User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
4. Fees and Payment
We accept the following forms of payment: Visa, Mastercard, American Express, and ACH Debit. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Recurring charges will be billed without prior approval for each recurring charge until you provide cancellation notice.
5. Cancellation
You can cancel your subscription at any time by logging into your account or contacting us. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at support@nebustream.com or call us at (469) 296-8340.
6. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in any automated use of the system, such as using scripts to send comments or messages.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit material that acts as a passive or active information collection or transmission mechanism.
7. User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
You represent and warrant that your Contributions are true, accurate, are not unsolicited or unauthorized advertising, and do not violate any applicable law, regulation, or third-party right.
8. Contribution License
We may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
9. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. U.S. Government Rights
Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data).
11. Site Management
We reserve the right, but not the obligation, to: monitor the Site for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; refuse, restrict, limit, disable, or remove any of your Contributions or any portion thereof; and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
12. Term and Termination
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
These Terms of Use shall remain in full force and effect while you use the Site. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion.
13. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
14. Governing Law
These Terms shall be governed by and defined following the laws of the State of Texas, United States. NEBUSTREAM TECHNOLOGIES LLC and yourself irrevocably consent that the courts of Collin County, Texas shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
15. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, the Parties agree to first attempt to negotiate any dispute informally for at least sixty (60) days before initiating arbitration.
Binding Arbitration
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If the Parties are unable to resolve a dispute through informal negotiations, the dispute shall be exclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
Restrictions
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. Class-action arbitration and class-action lawsuits are prohibited to the fullest extent permitted by law.
16. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Site at any time, without prior notice.
17. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
18. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.
19. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Site or breach of these Terms of Use.