These Terms of Use ("Terms") govern access to and use of the Nexis PM suite of services, including Nexis Cloud (file storage and sharing), Nexis Mail (electronic mail), the Nexis Portal, and related applications and tools (together, the "Services"). The Services are operated privately by the administrator of Nexis PM ("we," "us," or the "Operator"). By accessing or using any of the Services, you agree to these Terms. If you do not agree, do not use the Services.
The Services are a private, invitation-only platform provided to a limited group of authorized individuals. Accounts are created solely at the Operator's discretion. The Services are not offered to the general public, are not marketed commercially, and no fee is charged for their use.
THE SERVICES ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY — INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DATA WILL NOT BE LOST.
No service-level agreement applies. The Services may be modified, suspended, interrupted, or discontinued at any time, in whole or in part, with or without notice, including for maintenance, hardware failure, power or network outages, third-party provider failures, or any other reason within or outside the Operator's control.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to use a strong password, to enable two-factor authentication where offered, and to notify the Operator promptly of any suspected unauthorized access. The Operator may suspend or disable any account at any time to protect the Services or their users.
You agree not to use the Services to store, transmit, share, or link to any content or engage in any activity that: (a) violates any applicable law or regulation; (b) constitutes or depicts child sexual abuse material of any kind; (c) infringes any copyright, trademark, trade secret, or other intellectual-property right; (d) contains malware, ransomware, or other malicious code; (e) constitutes unsolicited bulk messaging (spam), phishing, or fraud; (f) harasses, threatens, or defames any person; or (g) attempts to probe, scan, breach, or disrupt the Services, their infrastructure, or any other system. You may not resell, sublicense, or provide access to the Services to any third party.
You retain ownership of the files, messages, and other content you store on the Services ("User Content"). You grant the Operator a limited, non-exclusive license to host, store, transmit, back up, scan for malware, and display User Content solely as necessary to operate the Services. You are solely responsible for your User Content and for ensuring you have the rights necessary to store it.
The Operator does not review or monitor User Content as a matter of course and assumes no obligation to do so. However, the Operator reserves the right, at its sole discretion and without notice, to remove or disable access to any User Content and to suspend or terminate any account, including where content is reasonably believed to violate these Terms or applicable law. The Operator will cooperate with valid legal process and may report content to appropriate authorities where required by law.
If you believe content hosted on the Services infringes your copyright, send a notice identifying the work, the location of the allegedly infringing material, and your contact information to the address in Section 13. Content found to be infringing will be removed, and repeat infringers' accounts will be terminated.
The Operator maintains reasonable backup procedures as a courtesy, but backups are provided on a best-effort basis only and are not guaranteed. You are responsible for maintaining your own independent copies of any data you cannot afford to lose. Upon account closure, you may request an export of your User Content within fourteen (14) days, after which it may be permanently deleted.
You may stop using the Services at any time. The Operator may suspend or terminate your access at any time, for any reason or no reason, with or without notice. Sections 3, 6, 10, 11, and 12 survive termination.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS — INCLUDING LOSSES CAUSED BY EVENTS OUTSIDE THE OPERATOR'S REASONABLE CONTROL SUCH AS POWER OR NETWORK OUTAGES, HARDWARE FAILURE, THIRD-PARTY SERVICE FAILURES, SECURITY INCIDENTS, FIRE, FLOOD, OR OTHER FORCE MAJEURE EVENTS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE SERVICES ARE PROVIDED FREE OF CHARGE, THE OPERATOR'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED FIFTY U.S. DOLLARS (US $50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless the Operator from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your User Content, your use of the Services, or your violation of these Terms or any law.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute shall be brought exclusively in the state or federal courts located in Dallas County, Texas.
The Operator may update these Terms from time to time; the current version will always be posted at this address, and continued use of the Services after changes constitutes acceptance. Questions, notices, and copyright complaints: [email protected].