Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DeliverX IT LLC ("Company," "we," "us," or "our"), a California limited liability company, governing your access to and use of the nexlione.com website (the "Site").

Scope: These Terms apply only to this marketing website. If you become a customer of our NexliOne ERP software platform, your use of that platform will be governed by a separate Master Services Agreement and End User License Agreement.

1. Acceptance of Terms

By accessing or using the Site, you represent that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy;
• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement;
• If accessing on behalf of an organization, you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page with an updated "Effective Date." Your continued use of the Site after any changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

3. Use of the Site

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for informational purposes only.

3.2 Prohibited Conduct

You agree NOT to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
• Use any automated means (including bots, scrapers, or spiders) to access the Site or collect content;
• Interfere with or disrupt the Site or servers or networks connected to the Site;
• Transmit any viruses, worms, malware, or other malicious code;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Site to harvest or collect personal information of others;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission;
• Frame or link to the Site without our prior written consent;
• Reverse engineer, decompile, or disassemble any software or technology underlying the Site.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by DeliverX IT LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The "NexliOne" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DeliverX IT LLC. You may not use such marks without the prior written permission of the Company.

5. User Submissions

If you submit any information to us through the Site (such as through contact forms), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating our business and responding to your inquiry.

You represent and warrant that you own or have the necessary rights to submit such content and that the content does not infringe any third party's intellectual property or other rights.

6. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

The information on this Site is provided for general informational purposes only and does not constitute professional advice. You should consult with appropriate professionals before taking any action based on information on this Site.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIVERX IT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE;
• (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• (C) ANY CONTENT OBTAINED FROM THE SITE;
• (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• (E) ANY OTHER MATTER RELATING TO THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless DeliverX IT LLC and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable attorneys' fees) arising from:

• Your use of and access to the Site;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right;
• Any claim that content you submitted caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Site.

10. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@nexlione.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days from receipt of your notice.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Riverside, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The language of the arbitration shall be English.

11.3 Class Action Waiver

YOU AND DELIVERX IT LLC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and DeliverX IT LLC regarding the Site and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

12.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 No Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than the parties hereto.

12.6 California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13. Contact Information

For questions or concerns about these Terms, please contact us:

DeliverX IT LLC
Riverside, California
Email: legal@nexlione.com