This web site “www.nexuswatergroup.com” or any replacement site (collectively, the “Site”), is operated by Nexus Water Group and its affiliates (collectively, “Nexus”, “we” or “us”) to provide you with information about us and our products, company, history, and future plans, as well as to provide you with certain services or capabilities. Your access to and use of the Site is governed by and subject to your acceptance of the terms, conditions, and notices contained herein (collectively, the “Terms”), without modification, each time you visit this Site.
THIS IS A LEGALLY BINDING AGREEMENT WHICH IS SUBJECT TO CHANGE.
Changes to Terms
Nexus reserves the right to change the Terms at any time by updating them without any other notice to you. Any change will be effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to regularly review the Terms because they are binding on you. Certain terms may also be superseded by expressly designated legal notices or terms located on particular pages of the Site. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time without prior notice to you.
Access and Use
You represent and agree that all information you provide to Nexus in connection with your access and use of the Site is, and shall be, true, accurate, and complete to the best of your knowledge, ability and belief. Nexus reserves the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site.
Use of Submissions
By submitting any information or material to the Site or to Nexus by email, telephone or other mode or medium of communication, or through access to and use of the Site or the content (including, but not limited to, access to, use of, and responses to, any available pages, forms, applications, bulletin boards, or surveys conducted by Nexus, and submitting or posting feedback, questions, comments, suggestions, ideas, resumes, graphics, text, software, computer files or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, Nexus a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, create derivative works from, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to our Privacy Policy, as available on the Site.
User Conduct
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site, you will not:
- restrict or inhibit any other user from using or enjoying the Site;
- represent yourself as another or as a fictitious individual, unless you are participating in an area of the Site that requires or encourages anonymity;
- disrupt or interfere with the Site or its operation or availability, or alter or tamper with the content;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
- post or transmit any information which is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication, or engage in spamming, flooding, or any denial of service attack;
- post or transmit any date or information out of the country in which you reside in violation of applicable law;
- post or transmit any data or software that cannot be exported without prior written governmental authorization, including, but not limited to, certain encryption software; or
- post or transmit any information or software which contains a virus, Trojan horse, worm, or other disabling device or harmful component.
The above assurances and commitments by you shall survive termination of these Terms.
Security
Nexus takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, Nexus cannot and does not guarantee that any such transmissions, or that transactions conducted on or through the Site, are or will be totally secure. You are responsible for maintaining the confidentiality of your account and account number and any other use identifier or other unique name or number identifying you (collectively, your “User ID”) and any password used in connection with your use of the Site, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify Nexus for any unauthorized use of your User ID or password, or of any breach of the Site security or of these Terms, of which you become aware. Nexus cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
Intellectual Property Rights
All content on the Site, including without limitation, all trademarks, service marks, logos, text, graphics, images, logos, and software, is the intellectual property of Nexus and is protected by U.S. and foreign laws and conventions. Except as expressly authorized by Nexus, you agree not to reproduce, modify, rent, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or services. You may not use any meta tags or any other hidden text utilizing Nexus’ name or trademarks without the express prior written permission of Nexus. If you believe that any content on the Site infringes another party’s intellectual property rights, please contact Nexus promptly.
Third Party Websites, Content, Products and Services
The Site may display links to third party websites. You agree that Nexus is not responsible or liable for any aspect of third party websites including, their content, performance, practices, or policies, and your interaction or transactions with them. You should refer to the policies posed by the other websites regarding privacy and terms of use before you use them. If you choose to use content or purchase products from a third party, your relationship is directly with the third party, and Nexus is not responsible for any of the third party products or services.
No Added Links
You agree that you will not place a link to the Site on any other internet site without the prior written consent of Nexus.
Termination of Use
You agree that Nexus may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site.
Privacy Policy
Information that you provide or that we collect about you and your company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby expressly incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.
Consents
Before continuing to access and use this Site, you must obtain all required consents and approvals from your company and from any customers, clients and other third parties (if applicable) who may be affected by, or may need to consent to your access and use of the Site and any of the features, materials, opportunities, and services provided through the Site, whether such consents and approvals are required by law or otherwise. If you are under 18, please use our Site only with the consent and involvement of a parent or guardian.
Disclaimer
Nexus makes no warranties or representations about the accuracy, correctness, timeliness, completeness, reliability, usefulness, adequacy or suitability of the Site’s content. Nor does Nexus promise that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or server which makes it available are free of viruses or other harmful components. RATHER, NEXUS MAKES THE SITE AND ITS CONTENT AVAILABLE ON A STRICTLY “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEXUS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TITLE, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEXUS OR A NEXUS REPRESENTATIVE SHALL CREATE A WARRANTY. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT NEITHER NEXUS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, SUPPLIERS, CONTRACTORS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO OR VIA THE SITE WILL HAVE ANY LIABILTY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, EVEN IF NEXUS OR ANY OF THEM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRIVACY LAWS OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITAIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification and Release
You agree to defend and hold harmless Nexus and its officers, directors, employees, agents, licensors, contractors, suppliers, affiliates, successor and assigns from any and all claims, liabilities, costs, expenses (including attorney’s fees) arising in any way from your use of the Site or use of your account(s). In addition, you hereby release Nexus from any and all claims for damage (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against Nexus arising out of or in any way related to any content or services made available at the Site. You hereby agree to waive all laws that may limit the efficacy of such releases.
Jurisdiction
These Terms and your use of the Site shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law principles or rules. You agree that the exclusive jurisdiction and venue in any legal proceeding arising out of or relating to the Site shall be in the state or federal courts located in Fort Bend County, Texas. You further agree to the exercise of personal jurisdiction over you by those courts for any such dispute. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the cause of action or claim arises. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms or any other content of the Site.
General Terms
These Terms of Use, Privacy Policy and various policies posted regarding Direct Payment and Proactive Messaging referenced herein constitute the entire agreement between Nexus and you with respect to your use of the Site. No modification to these Terms, or waiver of any of the terms herein, will be binding unless in writing and signed by an authorized Nexus representative. Any waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
You must not assign or otherwise transfer the Terms or any right granted hereunder. Nexus may assign its rights and duties under hereunder to any party at any time without notice to you. You also may be subject to additional terms and conditions that may apply when you use Nexus or third party products or services.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and remainder of the Terms shall continue in full force and effect.
Revised: March 27, 2024
