Terms and Conditions

Terms and Conditions

Last updated: April 23, 2025

Acceptance of Terms

Please read these Terms and Conditions ("Terms") carefully before using the Nuvexar website (the "Site"). By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Site. Use of the Site constitutes acceptance of these Terms, which form a binding agreement between you and Nuvexar.
By accessing or using the Site, you represent that you are at least 13 years of age (and if you are between 13 and 18, that you have the consent of a parent or legal guardian to use the Site and provide your email address). If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Definitions

For purposes of these Terms:

"Site" refers to the Nuvexar website (including all information, text, graphics, and other content available on it) and any related services provided through the website.
"Company", "we", "us", or "our" refers to Nuvexar, the owner and operator of the Site.
"User" or "you" refers to any individual or entity that accesses or uses the Site.
"Content" means all materials and information available on the Site, including but not limited to text, images, graphics, logos, design, audio/visual content, and software.
"Privacy Policy" refers to our separate policy outlining how we collect, use, and protect personal information, available on the Site (and incorporated into these Terms by reference).

About the Site

Nuvexar provides this Site for informational purposes regarding our products and services. The primary purpose of the Site is to share information about Nuvexar’s upcoming product and to allow interested Users to submit their email addresses in order to receive future pre-order notifications or updates. There is no user account system on the Site, and no purchases or payment transactions are conducted through the Site.
By submitting your email address on the Site, you agree that we may use it to send you pre-order notifications, product updates, or other news related to Nuvexar, in accordance with our Privacy Policy. Providing your email is voluntary. You can withdraw your consent and unsubscribe from such communications at any time (for example, by contacting us or using an “unsubscribe” link in our emails, if provided).
Any information provided on the Site (including product descriptions, features, or anticipated availability dates) is for general informational purposes only and does not constitute a binding offer by Nuvexar. Nuvexar makes no guarantee that any product described will be available for pre-order or purchase, or that any notifications will be sent. We reserve the right to modify or remove any content on the Site at any time without notice.

Intellectual Property Rights

All intellectual property rights in and to the Site and its Content are owned by or licensed to Nuvexar. This includes, but is not limited to, all text, images, graphics, logos, trademarks, service marks, audio, video, and software on the Site. The name “Nuvexar” and the Nuvexar logos are trademarks or service marks of the Company. Unauthorized use of any Nuvexar intellectual property is strictly prohibited.
Permitted Use: Nuvexar grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its Content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, frame, republish, download, transmit, or otherwise exploit any of the Content on the Site, in whole or in part, without our prior written permission, except as expressly permitted by law (such as brief quotations under “fair use” principles).
Any unauthorized use of the Site or its Content may violate copyright, trademark, and other applicable laws. We reserve all rights not expressly granted to you in these Terms.
If you provide Nuvexar with any feedback, comments, or suggestions regarding the Site or our products (“Feedback”), you agree that we are free to use and implement such Feedback without restriction or compensation to you. You hereby assign to Nuvexar all rights in any such Feedback and agree that Nuvexar shall have the right to use it in any manner, in perpetuity, without attribution or payment to you.

User Responsibilities and Acceptable Use

By using the Site, you agree to use it only for its intended purposes and in a manner consistent with these Terms and applicable laws and regulations. You agree that you will NOT:

Use the Site for any unlawful, illegal, fraudulent, or unauthorized purpose, or engage in any activity that violates these Terms or any applicable law or regulation.
Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any server used by Nuvexar, by hacking, password mining, or any other illegitimate means.
Interfere with or disrupt the operation or security of the Site, or any servers, networks, or systems connected to the Site. This includes transmitting any worms, viruses, or harmful code, or engaging in any denial-of-service (DoS) attacks.
Use any robot, spider, scraper, crawler, or other automated means or interface not provided by us to access the Site or to extract data. You also agree not to use any manual process to monitor or copy any Content from the Site without our express written permission.
Impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity. This includes not using another person’s name, email address, or other information as if it were yours.
Submit any false, misleading, or fraudulent information to the Site (for example, providing an email address that is not yours or that you do not have permission to use).
Attempt to probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach any security or authentication measures on the Site or any network connected to the Site.
Use the Site to transmit, distribute, or facilitate the sending of any unsolicited or unauthorized advertising or promotional material (e.g., spam emails).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Nuvexar, may harm Nuvexar or other Users of the Site or expose them to liability.

If you violate any of the above rules of acceptable use, or any other provision of these Terms, Nuvexar may suspend or terminate your access to the Site (see Termination section below). You may also be subject to civil or criminal liability under applicable law for prohibited conduct.

Indemnification

You agree to defend, indemnify, and hold harmless Nuvexar, its parent company, affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

your use or misuse of the Site;
your violation of these Terms; or
your violation of any law or the rights of any third party.

You agree to cooperate fully with Nuvexar in the defense of any such claim. Nuvexar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to assist and cooperate with us in asserting any available defenses). This indemnification obligation will survive the termination of your use of the Site and these Terms.

Third-Party Links and Resources

The Site may contain links to third-party websites or resources for your convenience or information. Please note that Nuvexar has no control over, and is not responsible for, the content, products, services, or practices of any third-party websites. The inclusion of any link to a third-party site does not imply endorsement or sponsorship by Nuvexar of that site or any association with its operators.
If you access any third-party website or resource linked from the Site, you do so entirely at your own risk. You understand that your use of any third-party website is subject to the terms and conditions and privacy policy of that third party, which you should read and understand. Nuvexar will not be liable for any loss or damage that may arise from your use of third-party websites or resources.

Disclaimer of Warranties

Use at Your Own Risk: Your use of the Site and any Content is at your sole risk. The Site and all Content are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.
No Express or Implied Warranties: Nuvexar expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties that may arise from course of dealing, course of performance, or usage of trade. We make no warranty that the Site will meet your requirements or expectations, that access to the Site will be uninterrupted, timely, secure, or error-free, or that the information on the Site is complete, accurate, or up-to-date.
No Guarantee of Content: Nuvexar does not warrant or guarantee the accuracy, reliability, completeness, or usefulness of any information or Content on the Site. All information provided is for general informational purposes only. Any reliance you place on such information is strictly at your own risk. Nuvexar assumes no responsibility for any errors or omissions in the Content, and we reserve the right to make changes to or remove content at any time.
Not Responsible for Harm: Nuvexar does not warrant that the Site, its servers, or any email or communication sent from Nuvexar will be free of viruses, malware, or other harmful components. You are responsible for implementing appropriate security and virus protection measures on your own devices. You assume all responsibility for any damage to your computer system or loss of data that results from downloading or accessing any materials through the Site.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, any warranties that cannot be disclaimed are limited in duration to the minimum period permitted by law and are limited in scope to the minimum extent permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, Nuvexar and its affiliates, licensors, employees, agents, officers, or directors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever, arising out of or in connection with your access to or use of (or inability to use) the Site or any Content on the Site. This limitation of liability applies to all kinds of damages or losses, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other commercial or personal damages or losses, even if Nuvexar had been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of liability for certain types of damages, our liability will be limited to the fullest extent permitted by law. In no event shall Nuvexar’s total aggregate liability to you for all claims arising out of or relating to your use of the Site exceed fifty U.S. dollars (USD $50.00). The existence of more than one claim or suit will not enlarge or extend this limitation.
This limitation of liability applies regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or any other legal theory, and whether or not Nuvexar was advised of the possibility of such damages. You acknowledge and agree that the Site is offered to you free of charge, and that this limitation of liability is an essential part of our agreement. Without this limitation, we would not be able to provide the Site or Content to you on the same terms.

Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to these Terms or your use of the Site (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of California, without regard to its conflict of law principles.
In the event of any dispute between you and Nuvexar arising from or relating to the Site or these Terms, we encourage you to first contact us to seek an amicable resolution. If we are unable to resolve the dispute informally, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in the State of California, USA. You expressly consent to the personal jurisdiction and venue of these courts and waive any objections to such jurisdiction or venue on the grounds of inconvenient forum or any similar basis.
Notwithstanding the foregoing, Nuvexar reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction (including courts outside of California) to prevent or stop infringement of intellectual property rights or other proprietary rights.
If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. You agree that, regardless of where you are located, all matters relating to the Site and these Terms shall be governed by U.S. law as provided above. Nuvexar makes no representation that the Site or its Content is appropriate or available for use in any particular location.

Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Site or by submitting your personal information (such as your email address) through the Site, you consent to the collection and use of information as described in the Privacy Policy.
Please review our Privacy Policy, which can be found at the link provided on our Site, to understand our practices. If you do not agree with our Privacy Policy, you should not use the Site or submit any personal information.
Changes to These Terms
Nuvexar reserves the right to modify or update these Terms at any time, in its sole discretion. If we make changes to these Terms, we will post the updated Terms on this page and update the “Last Updated” date at the top of the document. Any changes will become effective when posted unless indicated otherwise.
If we make material changes to these Terms, we may also provide notice of such changes, such as by prominently posting a notice on our Site’s homepage or by sending an email notification to the email address you have provided to us. However, it is your responsibility to review these Terms periodically for any changes. Your continued use of the Site after any updated Terms are posted (and after any additional notice, if applicable) will constitute your acknowledgment and acceptance of the revised Terms.

Termination

Because the Site does not require a user account, termination in this context will generally mean revoking your right to access or use the Site. Nuvexar reserves the right to terminate or suspend your access to all or part of the Site at any time, with or without notice, for any or no reason. For example, we may terminate or suspend access if we believe you have violated these Terms or any applicable law, or if we discontinue the Site. Nuvexar shall not be liable to you or any third party for any such termination or suspension of access.
If you have provided your email address to receive updates and your access to the Site is terminated (or if Nuvexar discontinues the email update service), we will cease sending you further communications. However, we may retain your email and any other information as necessary to fulfill legal obligations or for legitimate business purposes, in accordance with our Privacy Policy.

Contact Information

If you have any questions about these Terms, or if you need to contact us for any reason (including sending any notices required or permitted under these Terms), please contact Nuvexar at:
Email: info@nuvexar.com

Miscellaneous

Entire Agreement: These Terms (together with our Privacy Policy and any other legal terms expressly incorporated by reference) constitute the entire agreement between you and Nuvexar regarding your use of the Site. This agreement supersedes any prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: No failure or delay by Nuvexar in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. Similarly, Nuvexar’s waiver of any breach of these Terms will not constitute a waiver of any other provision or a waiver of any subsequent breach of the same provision. Any waiver must be in writing and signed by an authorized representative of Nuvexar to be effective.
Assignment: You may not assign, transfer, or delegate any rights or obligations under these Terms without Nuvexar’s prior written consent. Any attempted assignment or transfer in violation of this provision is null and void. Nuvexar may freely assign or transfer its rights and obligations under these Terms to any third party, such as in the event of a merger, acquisition, or sale of assets, without notice to you.
No Third-Party Beneficiaries: These Terms are for the benefit of you and Nuvexar only. Except as may be expressly provided in these Terms, no third party has any rights to enforce any provision of these Terms.
Headings: Section headings in these Terms are for convenience and reference only and do not affect the meaning or interpretation of any provision of these Terms.

By using the Nuvexar Site, you acknowledge that you have read, understood, and agree to all of the above Terms and Conditions. If you do not agree to these Terms, you should discontinue use of the Site immediately.

Thank you for visiting Nuvexar. Please contact us at the email address above if you have any questions or concerns regarding these Terms.