Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Nexus HuBoard LLC (“Company,”  “we,” or “us“). The following terms and conditions, together with any documents they expressly  incorporate by reference (collectively, “Terms of Use“), govern your access to and use of  www.nexushuboard.com, including any content, functionality, and services offered on or  through www.nexushuboard.com (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at  Here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.  

This Website is offered and available to users who are 13 years of age or older, unless verifiable  parental consent is provided. By using this Website, you represent and warrant that you meet all  of the foregoing eligibility requirements. If you do not meet all of these requirements, you must  not access or use the Website. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All  changes are effective immediately when we post them, and apply to all access to and use of the  Website thereafter. However, any changes to the dispute resolution provisions set out in  Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual  notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you  accept and agree to the changes. You are expected to check this page from time to time so you  are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide  on the Website, in our sole discretion without notice. We will not be liable if for any reason all or  any part of the Website is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of the Website, or the entire Website, to users, including registered  users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain  registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all  information you provide to register with this Website or otherwise, including, but not limited to,  through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your  information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as  part of our security procedures, you must treat such information as confidential, and you must  not disclose it to any other person or entity. You also acknowledge that your account is personal  to you and agree not to provide any other person with access to this Website or portions of it  using your user name, password, or other security information. You agree to notify us  immediately of any unauthorized access to or use of your user name or password or any other  breach of security. You also agree to ensure that you exit from your account at the end of each  session. You should use particular caution when accessing your account from a public or shared  computer so that others are not able to view or record your password or other personal  information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you  or provided by us, at any time if, in our opinion, you have violated any provision of these Terms  of Use.

Intellectual Property Rights

The Website 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 the Company, its licensors, or other providers of such  material and are protected by United States and international copyright, trademark, patent, trade  secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows: 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
  • You may store files that are automatically cached by your Web browser for display  enhancement purposes. 
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non commercial use, provided you agree to be bound by our end user license agreement for such applications. 
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: 

  • Modify copies of any materials from this site. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately  from the accompanying text. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies  of materials from this site. 

You must not access or use for any commercial purposes any part of the Website or any services  or materials available through the Website.  

If you wish to make any use of material on the Website other than that set out in this section,  please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access  to any part of the Website in breach of the Terms of Use, your right to use the Website will stop  immediately and you must, at our option, return or destroy any copies of the materials you have  made. No right, title, or interest in or to the Website or any content on the Website is transferred  to you, and all rights not expressly granted are reserved by the Company. Any use of the Website  not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate  copyright, trademark, and other laws.

Trademarks 

The Company name, the terms “Nexus HuBoard”, the Company logo, and all related names,  logos, product and service names, designs, and slogans are trademarks of the Company or its  affiliates or licensors. You must not use such marks without the prior written permission of the  Company. All other names, logos, product and service names, designs, and slogans on this  Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local, or international law or  regulation (including, without limitation, any laws regarding the export of data or  software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any  way by exposing them to inappropriate content, asking for personally identifiable  information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including  any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another  user, or any other person or entity (including, without limitation, by using email  addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the  Website, or which, as determined by us, may harm the Company or users of the Website,  or expose them to liability.

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site  or interfere with any other party’s use of the Website, including their ability to engage in  real time activities through the Website. 
  • Use any robot, spider, or other automatic device, process, or means to access the Website  for any purpose, including monitoring or copying any of the material on the Website. 
  • Use any manual process to monitor or copy any of the material on the Website, or for any  other purpose not expressly authorized in these Terms of Use, without our prior written  consent. 
  • Use any device, software, or routine that interferes with the proper working of the  Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is  malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the  Website, the server on which the Website is stored, or any server, computer, or database  connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general  information purposes. We do not warrant the accuracy, completeness, or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. We  disclaim all liability and responsibility arising from any reliance placed on such materials by you  or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

This Website may include content provided by third parties, including materials provided by  other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting  services. All statements and/or opinions expressed in these materials, and all articles and  responses to questions and other content, other than the content provided by the Company, are  solely the opinions and the responsibility of the person or entity providing those materials. These  materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable  to you or any third party, for the content or accuracy of any materials provided by any third  parties. 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily  complete or up-to-date. Any of the material on the Website may be out of date at any given time,  and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY  POLICY]. By using the Website, you consent to all actions taken by us with respect to your  information in compliance with the Privacy Policy. 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not  damage our reputation or take advantage of it, but you must not establish a link in such a way as  to suggest any form of association, approval, or endorsement on our part without our express  written consent.

This Website may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on this Website. 

  • Send emails or other communications with certain content, or links to certain content, on  this Website. 
  • Cause limited portions of content on this Website to be displayed or appear to be  displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the  content they are displayed with. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any  other site, for example, framing, deep linking, or in-line linking. 
  • Link to any part of the Website other than the homepage. 
  • Otherwise take any action with respect to the materials on this Website that is  inconsistent with any other provision of these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to  stop. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are  provided for your convenience only. This includes links contained in advertisements, including  banner advertisements and sponsored links. We have no control over the contents of those sites  or resources, and accept no responsibility for them or for any loss or damage that may arise from  your use of them. If you decide to access any of the third-party websites linked to this Website,  you do so entirely at your own risk and subject to the terms and conditions of use for such  websites. 

Geographic Restrictions 

The owner of the Website is based in the State of Indiana in the United States. We provide this  Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to  the Website may not be legal by certain persons or in certain countries. If you access the Website  from outside the United States, you do so on your own initiative and are responsible for  compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for  downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your  particular requirements for anti-virus protection and accuracy of data input and output, and for  maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent allowed by law, we are not responsible for any loss or damage caused by a distributed denial-of-service attack, viruses, or other harmful technological material that may infect your computer, programs, data, or other proprietary material as a result of your use of the website, any services or items obtained from the website, or your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items  obtained through the website is at your own risk. The website, its  content, and any services or items obtained through the website  are provided on an “As is” and “As available” basis, without any  warranties of any kind, either express or implied. Neither the  company nor any person associated with the company makes any  warranty or representation with respect to the completeness,  security, reliability, quality, accuracy, or availability of the  website. Without limiting the foregoing, neither the company nor  anyone associated with the company represents or warrants that  the website, its content, or any services or items obtained through  the website will be accurate, reliable, error-free, or  uninterrupted, that defects will be corrected, that our site or the  server that makes it available are free of viruses or other harmful  components, or that the website or any services or items obtained  through the website will otherwise meet your needs or  expectations. 

To the fullest extent provided by law, the company hereby  disclaims all warranties of any kind, whether express or implied,  statutory, or otherwise, including but not limited to any  warranties of merchantability, non-infringement, and fitness for  particular purpose. 

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. 

Limitation on Liability

To the fullest extent provided by law, in no event will the  collective liability of the company and its subsidiaries and  affiliates, and their licensors, service providers, employees, agents,  officers, and directors, to any party (regardless of the form of  action, whether in contract, tort, or otherwise) exceed twice the  amount you have paid to the company for the applicable product or  service in the last twelve (12) months out of which liability arose. 

The limitation of liability set out above does not apply to liability resulting from our gross  negligence or willful misconduct. 

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and  service providers, and its and their respective officers, directors, employees, contractors, agents,  licensors, suppliers, successors, and assigns 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 of Use or your use of the Website, including,  but not limited to any use of the Website’s content, services, and products other than as expressly  authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be  governed by and construed in accordance with the internal laws of the State of Indiana without  giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or  any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the  Website shall be instituted exclusively in the federal courts of the United States or the courts of  the State of Indiana, in each case located in the City of Indianapolis and County of Marion, although we retain the right to bring any suit, action, or proceeding against you for breach of  these Terms of Use in your country of residence or any other relevant country. You waive any  and all objections to the exercise of jurisdiction over you by such courts and to venue in such  courts. 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or  relating to these terms of use or the website must be commenced  within one (1) year after the cause of action accrues; otherwise,  such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be  deemed a further or continuing waiver of such term or condition or a waiver of any other term or  condition, and any failure of the Company to assert a right or provision under these Terms of Use  shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining provisions of the Terms of  Use will continue in full force and effect. 

Entire Agreement

The Terms of Use, our Privacy Policy, and our End User License Agreement (as applicable)  constitute the sole and entire agreement between you and Nexus HuBoard LLC regarding the  Website and supersede all prior and contemporaneous understandings, agreements,  representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by  

Nexus HuBoard LLC at 3619 North Olney Street, Indianapolis, Indiana 46218. 

All other feedback, comments, requests for technical support, and other communications relating  to the Website should be directed to: [email protected].