TERMS AND CONDITIONS OF NUCONET’s Products, Services, Websites, Mobile Apps, Events, Courses, And Chatbots

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITES, MOBILE APPS, AND CHATBOTS. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPS, AND CHATBOTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITES, MOBILE APPS, OR CHATBOTS. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

OUR WEBSITES, MOBILE APPS, AND CHATBOTS AND THEIR CONTENTS ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITES, MOBILE APPS, AND CHATBOTS AND THEIR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITES, MOBILE APPS, AND CHATBOTS AND THEIR SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

When hiring our services, buying our products, or by using these websites, mobile apps, and chatbots, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.

Our websites, mobile apps, and chatbots (and other “internal” websites stemming from them, such as specific membership sites or webpages pertinent to the websites, mobile apps, and chatbots) are an online (and, periodically, offline) information service and they are subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).

Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimers, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

You agree to obey all applicable laws and regulations regarding your use of our Nuconet.com website and the content and materials provided in it.

Our websites, mobile apps, and chatbots are independent, stand-alone entities that have no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned, even if such name appears in our websites, mobile apps, and chatbots’ name, domain, URL, or otherwise. You should assume no other party, by the mere mention of their name, has endorsed anything you see there. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

1. Copyright, Licenses and Idea/User Submissions.

The following describes the Copyright Notice for our websites, mobile apps, and chatbots.

The entire contents of our websites, mobile apps, and chatbots are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our websites, mobile apps, and chatbots, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our websites, mobile apps, and chatbots, or via email or by way of protected content in a membership site. The posting of data on our websites, mobile apps, and chatbots, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our websites, mobile apps, and chatbots.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITES, MOBILE APPS, AND CHATBOTS, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other medium or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

You are granted a nonexclusive, nontransferable, revocable license to use our websites, mobile apps, and chatbots only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also, note that any notice on any portion of our websites, mobile apps, and chatbots that forbids printing & downloading trumps all prior statements and controls.

As a user, you agree to use the products and services offered by our websites, mobile apps, and chatbots in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

Our websites, mobile apps, and chatbots prohibit conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.

You agree to grant to our websites, mobile apps, and chatbots a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our websites, mobile apps, and chatbots (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our websites, mobile apps, and chatbots by all means and in any media now known or hereafter developed. You also grant to our websites, mobile apps, and chatbots the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our websites, mobile apps, and chatbots for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our websites, mobile apps, and chatbots.

Trademarks

Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of our websites, mobile apps, and chatbots or related parties. Other product and company names mentioned in our websites, mobile apps, and chatbots may be the trademarks of their respective owners.

Links to Our Websites, mobile apps, and chatbots

You may provide links to our websites, mobile apps, and chatbots, provided you do not change, remove, or obscure the copyright notice or other notices on our websites, mobile apps, and chatbots. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our websites, mobile apps, and chatbots immediately upon our request.

2. Use of our websites, mobile apps, and chatbots.

You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.

Data contained on or made available through our websites, mobile apps, and chatbots is not intended to be, and does not constitute, legal advice. Our websites, mobile apps, and chatbots, and your use of them, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our websites, mobile apps, and chatbots.

Data contained on or made available through our websites, mobile apps, and chatbots is not intended to be, and does not constitute medical or health advice. Our websites, mobile apps, and chatbots, and your use of them, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our websites, mobile apps, and chatbots.

Data contained on or made available through our websites, mobile apps, and chatbots is not intended to be, and does not constitute, financial/investing advice. Our websites, mobile apps, and chatbots, and your use of them, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our websites, mobile apps, and chatbots.

Your use of our websites, mobile apps, and chatbots or materials linked to our websites, mobile apps, and chatbots is completely at your own risk. You should not act or depend on any data on our websites, mobile apps, and chatbots, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our websites, mobile apps, and chatbots, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our websites, mobile apps, and chatbots, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.

We may make changes to the features, functionality or content of our websites, mobile apps, and chatbots at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our websites, mobile apps, and chatbots.

Your Duty To Other Users

Your use of our websites, mobile apps, and chatbots is for your own personal, non-commercial benefit. In no way are you to leverage our websites, mobile apps, and chatbots in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

Restricted access

Access to certain areas of our websites, mobile apps, and chatbots is restricted. We reserve the right to restrict access to other areas of our websites, mobile apps, and chatbots, or indeed our whole websites, mobile apps, and chatbots, at our discretion.

If we provide you with a user ID (username) and password to enable you to access restricted areas of our websites, mobile apps, and chatbots or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our websites, mobile apps, and chatbots or any other contractual obligation you owe to us.

Third-Party Products/Services

You understand that, except for information, products or services clearly identified as being supplied by our websites, mobile apps, and chatbots, our websites, mobile apps, and chatbots do not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our websites, mobile apps, and chatbots as such, all information, products and services offered through our websites, mobile apps, and chatbots or on the Internet generally are offered by third parties that are not affiliated with our websites, mobile apps, and chatbots, and we may be compensated.

Viruses, etc.

You also understand that our websites, mobile apps, and chatbots cannot and do not guarantee or warrant that files available for downloading through them will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES, MOBILE APPS, AND CHATBOTS AND THE INTERNET. OUR WEBSITES, MOBILE APPS, AND CHATBOTS PROVIDE OUR WEBSITES, MOBILE APPS, AND CHATBOTS AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITES, MOBILE APPS, AND CHATBOTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITES, MOBILE APPS, AND CHATBOTS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

Limitation of Liability

The content may contain inaccuracies or typographical errors. Our websites, mobile apps, and chatbots make no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using them or the content on them. Use of our websites, mobile apps, and chatbots and the content is at your own risk. Changes are periodically made to our websites, mobile apps, and chatbots, and may be made at any time.

OUR WEBSITES, MOBILE APPS, AND CHATBOTS DO NOT WARRANT THAT THEY WILL OPERATE ERROR-FREE OR THAT THEY AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITES, MOBILE APPS, AND CHATBOTS OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS AND DAMAGES.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL OUR WEBSITES, MOBILE APPS, AND CHATBOTS, THEIR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITES, MOBILE APPS, AND CHATBOTS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITES, MOBILE APPS, AND CHATBOTS OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR SERVICES AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITES, MOBILE APPS, AND CHATBOTS. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Links to Other Services, Products, Websites, Mobile Apps, And Chatbots.

Our websites, mobile apps, and chatbots contain links to third party services. Our websites, mobile apps, and chatbots make no representations whatsoever about any other websites, mobile apps, and chatbots which you may access through them or which may link to. When you access a website from our websites, mobile apps, and chatbots, please understand that it is independent of our websites, mobile apps, and chatbots, and that our websites, mobile apps, and chatbots have no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party Websites. Our websites, mobile apps, and chatbots are not responsible for the content of linked third-party Websites and do not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

User Submissions

As a user of our websites, mobile apps, and chatbots, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Our websites, mobile apps, and chatbots do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our websites, mobile apps, and chatbots or endorse any opinions expressed by users of our websites, mobile apps, and chatbots. You acknowledge that any reliance on material posted by other users of our websites, mobile apps, and chatbots will be at your own risk.

Our websites, mobile apps, and chatbots do not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our websites, mobile apps, and chatbots. If observed by our websites, mobile apps, and chatbots and/or notified by a user of communications which allegedly do not conform to this agreement, our websites, mobile apps, and chatbots may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our websites, mobile apps, and chatbots have no liability or responsibility to users of our websites, mobile apps, and chatbots for performance or nonperformance of such activities. Our websites, mobile apps, and chatbots reserves the right to expel users of our websites, mobile apps, and chatbots and prevent their further access to our websites, mobile apps, and chatbots for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Social Media Warning (Divulgence of Personal & Private Information)

Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.

3. Indemnification.

You agree to indemnify, defend and hold harmless our websites, mobile apps, and chatbots, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our websites, mobile apps, and chatbots from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our websites, mobile apps, and chatbots.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our websites, mobile apps, and chatbots and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.

5.Term; Termination.

We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

This Agreement, in whole or in part, may be terminated by Nuconet without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.

6. Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.

Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our websites, mobile apps, and chatbots or in advertisements.

The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.

Medical issues are complex, and can often stem from both organic and psychological factors. Never should websites, mobile apps, and chatbots be used as a source of diagnosing or treating medical problems.

Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.

You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.

7.Miscellaneous.

Returns

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Once your subscription starts you can’t get a refund for any payments you’ve already made. For subscription plans, if you don’t want to subscribe any more, cancel your subscription. You will still have access to the subscription until the end of the period you have paid for.

No Warranties THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS…

Governing Law

This Agreement shall treated as though executed, set in force, and performed in the State of California. Accordingly, it shall be governed and construed in accordance with the laws of California in terms of those applicable to agreements, without regard to conflict of law principles.

Disputes

Any cause of action by you with respect to our Nuconet.com website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Fresno, California. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Modification

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

Assignability

Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.

Contra Preferentum

The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.

Severability

Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

This Agreement Prevails

To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.

Waiver

Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.

Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.

Any rights not expressly granted herein are reserved to Nuconet.com.

CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Nuconet.com, in order to protect you and our Nuconet.com website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.

COPYRIGHT WARNING: The legal notices and administrative pages on these websites, mobile apps, and chatbots, including this one, have been diligently drafted by an attorney. We at Nuconet.com have paid to license the use of these legal notices and administrative pages on Nuconet.com for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.

QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by following this link: https://www.nuconet.com/contact

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Products and Services Agreements

SUMMARY

We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

IN SHORT

You are hiring us NUCONET USA located in Fresno, CA to provide you with a product or service for the estimated total price as outlined in our proposal. Of course, it’s a little more complicated, but we’ll get to that.

WHAT DO BOTH PARTIES AGREE TO DO?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project – including text, images, videos, and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the Project Investment page of the contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.

GETTING DOWN TO THE NITTY GRITTY

Design

If we are designing for you, we’ll create designs for the look-and-feel, layout, and functionality of your project. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.

HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.

We do not cater to people using Microsoft Internet Explorer 6 and cannot predict the behavior of that browser.

We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example, Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.

Text Content

We may have written a hundred blog posts but we’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate, we will charge you at our standard copy writing or content input rate.

Photographs

You will supply us photographs in digital format. If you prefer stock photographs will provide them for you at a cost or you can obtain them yourself. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate.

Changes and Revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

Technical Support

Websites, mobile apps, and chatbots: We do manage them technically when you contract our monthly service and will be the contact point for the third party company that will host your project. We make clear that we are not a website hosting company and so do not offer or include technical support for website hosting, email or other services relating to website hosting.

Legal 

We can’t guarantee that the functions contained in any project (websites, mobile apps, chatbots, marketing campaigns, etc.) will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate them, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in your project are either owned by you or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

We will license the graphics and other visual elements that we use for you for this project.

If you request it, we can give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.

You also own text content, photographs and other data you provided unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books.

Payments

We are sure you understand how important it is that you pay the invoices that we send you promptly.
We expect payment within 7 days of invoice submission, so please process our invoices within that time.
There will be a $35 administration fee plus a 1.5% interest charge per month on late invoices.

NB: If you are unable to supply all of the required content to complete your project, it does not mean we have not done our job. Once the project has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. If the final invoice is not paid within the specified credit terms we have given you, we are under no obligation to keep the site on our the server or continue with the project in any way.

Refunds

All services we provide are non-refundable.
All product sales are final. 

BUT WHERE’S ALL THE HORRIBLE SMALL PRINT?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Fresno, California.