READ THIS AGREEMENT CAREFULLY BEFORE USING ANY NUVEM NETWORKS SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN NUVEM NETWORKS (“Nuvem”) AND YOU, INCLUDING ANY NUVEM NETWORKS CUSTOMER, USER, OR WEBSITE VISITOR, (collectively referred to herein as “Customer”).
- ELECTRONIC COMMUNICATIONS
When you access the Nuvem Sites or send e-mails to Nuvem, you are communicating with us electronically. You consent to receive communications from Nuvem electronically. We will communicate with you by e-mail or by posting notices on the Nuvem Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Nuvem Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nuvem or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Nuvem Sites is the exclusive property of Nuvem and protected by U.S. and international copyright laws. All software used on the Nuvem Sites is the property of Nuvem or its software suppliers and protected by United States and international copyright laws.
“Nuvem Networks”, “the Network as a Service Company” and other Nuvem graphics, logos, page headers, button icons, scripts, and service names are trademarks/servicemarks, registered trademarks/servicemarks or trade dress of Nuvem Networks in the U.S. and/or other countries. Nuvem’s trademarks and trade dress may not be used in connection with any product or service that is not Nuvem’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nuvem. All other trademarks not owned by Nuvem that appear on Nuvem Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nuvem.
One or more patents owned by Nuvem Networks, Inc. or its affiliates may apply to the Nuvem Sites and to the features and services accessible via the Nuvem Sites. Portions of the Nuvem Sites may operate under license of one or more patents protected by United States and international patent laws.
- LICENSE AND SITE ACCESS
- YOUR ACCOUNT
In the future, should Nuvem grant you access to use Nuvem Sites, you are responsible for maintaining the confidentiality of your Nuvem account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nuvem reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. In addition, if your Nuvem account is used access and engage the features and functions of any current or future Nuvem services, you also will be subject to the Agreement.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Should you be granted access to Nuvem granted access to Nuvem Sites, users may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nuvem reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Nuvem a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nuvem and sublicensees the right to use the name that you submit in connection with such content, if they choose. At Nuvem’s sole discretion, you and third parties may be permitted to upload certain software, data, text, audio, video, images or other content (“Third Party Content”) to areas of the Nuvem Sites. You acknowledge that (a) Nuvem has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Copyrighted Third Party Content may be subject to separate license terms as determined by the person posting such content. You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nuvem for all claims resulting from content you supply. Nuvem has the right but not the obligation to monitor and edit or remove any activity or content. Nuvem takes no responsibility and assumes no liability for any content posted by you or any third party.
- COPYRIGHT COMPLAINTS
Nuvem respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NUVEM SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ARE PROVIDED BY NUVEM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. NUVEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVEM SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,NUVEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUVEM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVEM SITES; ITS SERVERS; OR E-MAIL SENT FROM NUVEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUVEM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NUVEM SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NUVEM SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- APPLICABLE LAW
Any dispute relating in any way to your visit to the Nuvem Sites or to services provided by Nuvem or through the Nuvem Sites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated through the Camp Hill Superior Court system, Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.
- MODIFICATION AND SEVERABILITY
Nuvem Networks Inc.
3552 Gettysburg Rd.
Camp Hill, PA, 17011 USA