Effective Date: 11/30/2023
Use of Our Services
When using certain services, you may be subject to any additional terms applicable to such services that may be posted on our services or otherwise made available from time to time.
Your Representations & Warranties to Nivel
By using our services, you represent, warrant, and agree:
- You meet all age and eligibility requirements expressed in these Terms;
- You will only use our services for lawful purposes, and will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use our services to cause nuisance, annoyance or inconvenience;
- You will not impair or harm the proper operation of our services;
- You will not copy, or distribute any content contained within our services without written permission from Nivel;
- You will only use our services for your own use and will not resell any aspect of our services to a third party;
- You own or control all rights in and to any information or property shared with us;
- You will provide us with whatever proof of identity we may reasonably request;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not listed on any U.S. Government list of prohibited or restricted parties;
- You have not previously been suspended or removed from our services; and
- Your use of our services is in compliance with applicable laws and regulations.
Access and Conditions of Use
You may use our services only for lawful purposes and in accordance with these Terms. You agree:
- You will not violate any applicable federal, state, local, or international law or regulation;
- You will not exploit or harm minors;
- You will not transmit any advertising or spam material;
- You will not impersonate Nivel or any person or entity associated with Nivel; and
- You will not engage in any conduct that challenges anyone’s use or enjoyment of our services.
Additionally, you agree:
- You will not use any device, software, or routine that interferes with the proper working of our services, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- You will not to make alterations to, or modifications of, the whole or any part of our services or any part of it to be combined with, or become incorporated in, any other programs;
- You will not to remove any copyright, trademark or other proprietary rights notices from our services;
- You will not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the content contained within our services;
- You will not attempt to gain unauthorized access to our services; and
- You will not attempt to attack or interfere with the proper working of our services.
Nivel reserves the right to temporarily or permanently modify or discontinue our services with or without notice. Nivel reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
Service content, Software and Trademarks. You acknowledge and agree that our services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Nivel , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.
The Nivel name and logos are trademarks and service marks of Nivel (collectively the “Nivel Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Nivel. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Nivel Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of Nivel Trademarks will inure to our exclusive benefit.
Third-Party Material. Under no circumstances will Nivel be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Nivel does not have a duty to pre-screen content, but that Nivel and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Nivel to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Nivel is non-confidential, and Nivel will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Nivel may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Nivel, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Our services or third parties may provide links or other access to other sites and resources on the Internet. Nivel has no control over such sites and resources and Nivel is not responsible for and does not endorse such sites and resources.
As part of your use of our services, you consent to receive electronic notifications from Nivel. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services announcements or notifications even if you have opted-out from other messages.
Third-Party Advertising & Marketing
Nivel may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our services and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Nivel and our partners. If you do not wish to receive such advertising, you may notify us at firstname.lastname@example.org. Nivel may compile and release information regarding you and your use of our services on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our services.
Indemnity and Release
You agree to release, indemnify, and hold harmless Nivel, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our services, your violation of these Terms, or your violation of any rights of another.
Disclaimer of Warranties Related to our Services
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NIVEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NIVEL MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIVEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NIVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL NIVEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NIVEL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
At our sole election, all disputes, claims, or controversies arising out of or relating to these Terms or our services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, Nivel reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the content of our services, breach of your confidentiality obligations, or any other violations of these Terms.
Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law. Terms will be governed by the laws of Delaware without regard to conflict of law provisions.
No Waiver. The failure of Nivel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
Changes to Terms. Nivel may change or revise these Terms from time to time in its sole discretion. It will provide notice of material changes to these Terms. Your continued use of our services after changes to these Terms constitutes your acceptance of these Terms. Therefore, you must periodically visit this page to review the then-current Terms. Your access and use of the services will be subject to the most current version of the Terms.
Nivel Headquarters Address:
3510-1 Port Jacksonville Pkwy
Jacksonville, FL 32226
Phone: (877) 453-3448