Terms & Conditions

User Conduct

As a user of Necxian, you agree to use our services in a lawful and respectful manner. You are prohibited from using our website and services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. Additionally, you must not violate any applicable local, state, federal, or international laws, regulations, or ordinances.

Users must not infringe upon or violate our intellectual property rights or the intellectual property rights of others. This includes, but is not limited to, unauthorized copying, distribution, or transmission of content found on our website. You also agree not to upload, transmit, or distribute any viruses, worms, or any other type of malicious code that will or may be used in any way that affects the functionality or operation of our services or the websites and services of others.

Harassment, abuse, or harm of any kind against our employees, users, or agents is strictly prohibited. This includes making false or misleading statements, impersonating others, or engaging in any activity that interferes with or disrupts our services. We reserve the right to terminate your access to our services if you violate these terms of user conduct.

Limitation of Liability

To the fullest extent permitted by law, Necxian, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.

You agree to indemnify, defend, and hold harmless Necxian and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Intellectual Property

All content included on this site, such as text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Necxian or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Necxian and protected by international copyright laws.

Necxian's trademarks and trade dress may not be used in connection with any product or service that is not Necxian's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Necxian. All other trademarks not owned by Necxian or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Necxian.

You are granted a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Necxian. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Termination

Necxian reserves the right to terminate or suspend your account and access to the services at our sole discretion, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of the Terms. Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your account includes the removal of access to all offerings within the services and the deletion of your password and all related information, files, and content associated with or inside your account.

Necxian is not liable for any termination of your access to the services or deletion of your data. It is your responsibility to back up your data to ensure you do not lose any content or information. If you believe your account has been terminated in error, please contact us at support@necxian.com, and we will review your request.

Governing Law

These Terms shall be governed and construed in accordance with the laws, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have had between us regarding the services. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts. You agree to resolve any dispute you have with us through binding arbitration or small claims court, rather than in courts of general jurisdiction.

By accessing or using our services, you agree to comply with all local laws and regulations. You are solely responsible for ensuring that your use of the services is in compliance with all applicable laws and regulations. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Changes to Terms

Necxian reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.

It is your responsibility to review these Terms periodically for any changes. We will notify you of any changes by posting the new Terms on this page. You are advised to review this page periodically for any changes. Changes to these Terms are effective when they are posted on this page.

If you do not agree to the new terms, please stop using the services. Your continued use of the services following the posting of any changes to these Terms constitutes acceptance of those changes. If you have any questions about these Terms, please contact us at support@necxian.com.

Disclaimer of Warranties

The services provided by Necxian are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Necxian does not warrant that the services will be uninterrupted, timely, secure, or error-free.

Necxian does not warrant that the results that may be obtained from the use of the services will be accurate or reliable. You agree that from time to time, we may remove the services for indefinite periods of time or cancel the services at any time, without notice to you. Any reliance you place on the services is at your own risk.

In no case shall Necxian, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content.

Indemnification

You agree to indemnify, defend, and hold harmless Necxian and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

This indemnification obligation will survive the termination or expiration of your account and these Terms of Service. You agree to cooperate fully as required by Necxian in the defense of any claim. Necxian reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the prior written consent of Necxian.

In the event of any claim, we will provide notice of the claim, suit, or action to the contact information we have for you, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligations hereunder.

Third-Party Links

Our services may contain links to third-party websites or services that are not owned or controlled by Necxian. Necxian has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Necxian shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any dealings you have with third parties found while using the services are between you and the third party, and you agree that Necxian is not liable for any loss or claim that you may have against any such third party.

Necxian may provide links to third-party websites solely as a convenience to you. The inclusion of such links does not imply any endorsement or association with the operators of such third-party websites. You access any such websites at your own risk, and you acknowledge that these terms and conditions and our privacy policy do not apply to your use of such websites.