NEXBUILD

Terms of Use

Nexbuild, LLC • Effective: November 2024

Important Notice

These Terms of Use are a legal agreement and cover all of the websites of Nexbuild, LLC and any associated content including web or desktop applications, mobile applications, widgets, APIs, email, and other online products and services (the "Services").

These Terms of Use (the "Terms") are effective as of November 2024. Please read this statement carefully before using or proceeding to access any of the Nexbuild Services.

By visiting the Nexbuild websites or downloading, installing or using any Nexbuild application software or services, or other materials or services made available on, from, or through the Services, you signify your agreement to these Terms and Nexbuild's Privacy Policy, incorporated herein by reference. If you do not agree to any of these Terms or the Nexbuild Privacy Policy, you must not use any of the Services.

The Services are provided, controlled, operated and administered by Nexbuild from its offices within the United States of America. Nexbuild makes no representation that the Services are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.

Arbitration Notice

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU AGREE TO THIS AGREEMENT, YOU AGREE THAT ANY DISPUTE THAT CANNOT BE INFORMALLY RESOLVED BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If you do not agree to these provisions, you may not use the Services.

01.Access to the Services

When you use the Services, you represent and warrant that you are at least 18 years of age and a resident of the United States. If you are under 18 years of age or a resident of any country other than the United States, you must not use the Services.

Nexbuild may, in its sole discretion, modify or revise these Terms at any time. Unless Nexbuild makes a change for legal or administrative reasons, Nexbuild will provide reasonable advance notice before the updated Terms become effective.

Important: You agree that Nexbuild may notify you of the updated Terms by posting them on the Services, and that your use of the Services after the effective date of the updated Terms constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Services.

The Services may include temporarily free services and Nexbuild can begin charging at any time for use of any or all parts of the Services. Nexbuild reserves the right to discontinue any aspect of the Services at any time.

Nexbuild reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

These Terms apply to all users of the Services, including users who contribute User Submissions. If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement.

02.Nexbuild Accounts

You do not need an account in order to access some content on the Services; however, in order to access some features of the Services, you will have to create an account. You may be able to create your account using your Facebook or Apple account or other accounts.

Important: Your use of these third-party services for this purpose is governed by the terms of use and privacy policies of these third parties. Additionally, you may never use another user's account without permission.

When creating your account, you must provide accurate and complete information. Nexbuild prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Nexbuild upon registration and at all other times will be true, accurate, current and complete.

Account Security

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use.

Unauthorized Use

Although Nexbuild will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nexbuild or others due to such unauthorized use as set forth in these Terms.

03.Proprietary Rights

You acknowledge and agree that the Services and all materials incorporated by Nexbuild on the Services, other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API's, products, software, services, and all other elements of the Services ("Material(s)") constitute the proprietary and valuable property of Nexbuild.

IP Rights Protection: All Materials are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws ("IP Rights"). Any use of the Services other than as specifically authorized herein is strictly prohibited.

Nexbuild Trademarks

Some characters, logos or images are protected as registered or unregistered trademarks, trade names and/or service marks owned by Nexbuild or others ("Trademarks"). You agree not to use any Nexbuild Trademarks without written consent.

Third Party Marks

Other trademarks, service marks, trade names, logos and other branding used via the Services ("Third Party Mark(s)") may be trademarks of their respective owners who may or may not endorse or be affiliated with Nexbuild.

04.Your Use of Material

Your right to make use of Nexbuild Services and any Material or other content appearing on it is subject to your compliance with these Terms. Material is provided to you AS IS. Modification or use of the Material or any other content on Nexbuild websites for any purpose not permitted by these Terms may be a violation of the IP Rights and is prohibited.

Permitted Use

  • Access and display for non-commercial, personal, entertainment use
  • Single computer or device only
  • Making single copies for personal use

Prohibited Use

  • Commercial use or redistribution
  • Using on other websites or networked environments
  • Decompiling or reverse engineering software
  • Removing copyright or proprietary notices

05.Your User Submissions and Conduct

A. User Submissions

You may submit picture or video content ("User Pictures") and textual content, including comments ("User Comments") to the Services. User Pictures and User Comments are collectively referred to as "User Submissions".

B. Your Responsibility

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and publish your User Submissions.

C. License Grant

By submitting User Submissions to Nexbuild, you grant Nexbuild a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, display, edit, and otherwise exploit the User Submissions in connection with the Services.

E. Prohibited User Submissions

You agree not to post, email, or otherwise make available User Submissions that are:

  • Unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, or libelous
  • Harassing or hateful toward groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Impersonating any person or entity
  • Including personal information about another person without consent
  • False, deceptive, or misleading
  • Infringing any IP Right or proprietary rights
  • Containing viruses or malicious code
  • Spam or unsolicited commercial advertisement

06.Comments and Discussion Groups

In addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments:

Community Guidelines

  • Do not post abusive, obscene, threatening, or harassing material
  • Do not intentionally make false or misleading statements
  • Do not offer to sell or buy any product or service
  • Do not post material that infringes copyright
  • Keep all comments relevant and 'on topic'

Moderation Rights

Nexbuild accepts no responsibility for information posted by users. Nexbuild may remove postings not in keeping with these terms and may discontinue Services or features at any time.

07.Feedback

If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Services, or User Submissions (collectively, "Feedback"), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you.

Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.

10.SMS/MMS Mobile Message Marketing Program

Nexbuild may offer a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Terms and the Privacy Policy.

Consent Required: By opting in to this Program, you consent to receive marketing and promotional calls and messages from Nexbuild and our partners at any number you have provided, including by autodialer.

Program Description

Users can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Opting In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program. Consent is not required to make any purchase.

How to Opt Out

To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message. You may also opt-out in the Mobile App or web/desktop application. You may receive a confirmation message.

Cost

Message and data rates may apply

Frequency

Recurring messages based on interaction

Support

Text "HELP" or email info@nexbuild.ai

11.Prohibited Content

You acknowledge and agree to not send any prohibited content. Prohibited content includes:

Content Restrictions

  • Content not concerning the automotive industry
  • Fraudulent, libelous, defamatory, or scandalous activity
  • Profanity, obscenity, violence, bigotry, or hate speech
  • Discrimination based on protected characteristics

Security & Legal Violations

  • Pirated software, viruses, worms, or harmful code
  • Unlawful products, services, or promotions
  • Protected health information (HIPAA violations)
  • Any content prohibited by applicable law

12.Dispute Resolution

Important Legal Rights Notice

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.

In the event that there is a dispute, claim, or controversy between you and Us, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, such dispute will be determined by arbitration in Denver, Colorado before one arbitrator.

Arbitration Process

  • Commercial Arbitration Rules of AAA apply
  • Substantive laws of Colorado apply
  • Arbitrator with at least 5 years experience
  • Parties split arbitrator and administration fees
  • No punitive damages awarded
  • Limited attorney's fees as authorized by statute

Right to Opt Out

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these terms by sending an email to info@nexbuild.ai. The opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

13.Class Action Waiver

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU.

If a court or arbitrator finds that the class action waiver is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law.

14.Miscellaneous

Warranties

You warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder.

Changes to Terms

We reserve the right to change this Agreement from time to time. By continuing to use the Services after any such changes, you accept this Agreement, as modified.

Severability

If any provision is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15.Account Suspension and Termination Policy

Suspension

You may temporarily suspend your account at any time. Nexbuild may suspend access if you violate these Terms. During suspension, your profile may still be visible but login functionality disabled.

Termination

You may delete your account at any time. Nexbuild may terminate accounts for violations. Upon termination, all licenses and rights granted to you immediately cease.

Grounds for Removal

Nexbuild may remove User Submissions and/or deactivate accounts for violations including: illegal content, fraud, pornography, obscenity, offensive content, or content not of interest to the Nexbuild community.

Repeat Infringer Policy

In accordance with the DMCA, Nexbuild may terminate accounts of users who are deemed to be repeat infringers of IP rights.

16.Waiver of Liability for In-Person Interactions

Safety Warning

Meeting in person carries certain inherent risks. Nexbuild accepts no liability for any in-person interactions of its users.

Safety Tips

  • Meet in public, well-populated locations
  • Inform friends/family about your plans
  • Bring your phone with you
  • Consider bringing a friend along
  • Trust your instincts

Your Acknowledgment

  • Nexbuild does not support illegal meetings
  • Inherent risks including illness exposure
  • You voluntarily assume all risks
  • Potential for serious injury or death exists

Contact for Concerns: If you have any concerns about safety, send a message to info@nexbuild.ai.

17.Beta Services

BETA SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE"

"Beta Services" means a Service, or a feature of the Services, that is designated as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, or evaluation.

Important: Beta Services may contain bugs, errors, and other problems. Any rewards offered are not redeemable for any value.

YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES. Nexbuild is not obligated to provide any maintenance, technical, or other support for the Beta Services.

18.Nexbuild Points System

Nexbuild may offer points or "entries" in the application on a promotional basis; these points and/or entries have no value at this time but Nexbuild reserves the right to change the terms of this program at any time.

Nexbuild is under no obligation to provide compensation of any kind to any user for any reason.

19.Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK

The services and all the materials, information, software, facilities, services and other content made available on or through the services are provided "as is" and "as available" without warranties of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, Nexbuild disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

Nexbuild does not warrant that the functions contained in the services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make them available are free of viruses or other harmful components.

20.Limitation of Liability

LIMITATION OF LIABILITY

In no event shall Nexbuild, its officers, directors, members, employees, affiliates or agents, be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the services or the material, information, software, facilities, services or other content on the services, regardless of the basis upon which liability is claimed.

Without limitation, you (and not Nexbuild) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising.

You specifically acknowledge that Nexbuild shall not be liable for user submissions, materials, or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

21.Indemnity

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you.

Indemnification Obligation

You agree to defend, indemnify, and hold Nexbuild, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your use of the Services, your User Submissions, or your violation of these Terms.

This defense and indemnification obligation will survive these Terms and your use of the Services.

22.Who You Are Contracting With, Notices

You are contracting with:

Legal Entity

Nexbuild, LLC
Attn: Legal
200 Lincoln Ave. #773944
Steamboat Springs, CO 80477

Notice Address

This is the street address that you must use for any notices to us.

23.Export Control / Prohibited Regions

You represent and warrant that You and any entity or person that directly or indirectly controls You, or is under common control with You, are not:

  • On any sanctions lists in the United States
  • Doing business in any of the US embargoed countries or regions
  • A military end user as defined in 15 C.F.R § 744

24.Mobile Device and App Store Terms

Mobile Carrier Terms

If you access our Services on mobile devices, your mobile carrier's standard charges will apply. Downloading or using Services may be prohibited or restricted by your carrier.

App Store Terms

When you download our Mobile App, you will also be subject to any terms imposed by the "store" through which you obtain the Mobile App (e.g., Apple App Store, Google Play Store).

Apple App Store Specific Terms

  • Non-transferable license for Apple products you own or control
  • Nexbuild—not Apple—is responsible for App content and maintenance
  • Apple has no warranty obligation for the App
  • Apple may enforce these Terms as a third-party beneficiary

Google Play Store: In the event of any conflict between this Agreement and the Google Play Developer Distribution Agreement, the Google Play Developer Distribution Agreement will govern.

25.General

Governing Law

These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles.

Jurisdiction

The Services are deemed solely based in Colorado. Any disputes shall be resolved exclusively by a court in the City and County of Denver, Colorado.

Entire Agreement

These Terms, together with the Privacy Policy, DMCA policy and any other legal notices published by Nexbuild, shall constitute the entire agreement between you and Nexbuild concerning the Services.

Statute of Limitations

YOU AND NEXBUILD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Assignment

Rights may not be transferred by you but may be assigned by Nexbuild

Waiver

Failure to exercise a right does not constitute a waiver of that right

Severability

Invalid provisions don't affect validity of remaining terms