We strive to provide quality and honest service. As such the following terms of service associated with the use of our services. In short, you are responsible for your actions, backup of your data, and any precautions necessary to safeguard your online business against the unexpected. Naturally…. abuse, illegal acts, and malicious activity are grounds for immediate termination of your account by us without refund.
By using our products, services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. Nuveum reserves the right to modify the Terms of Service and such changes shall take effect upon posting on this web page.
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify of any unauthorized use of your account or any other breach of security. will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such Content originated. reserves the right, but does not assume the responsibility, to monitor or review any Content on services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using services and for any consequences thereof. You agree to use services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts services or servers or networks connected to services.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that will impose fees; and/or pursue civil remedies without necessarily providing advance notice.
Misuse of System Resources: Misuse of system resources, including but not limited to employing programs that consume excessive CPU time, network capacity, disk IO or storage space.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a server.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
We may cancel or suspend your access to services at any time without notice if you are in violation of any terms of this agreement, or any other agreement you may have with Nuveum. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety improperly or without cause, you agree your sole remedy will be request for refund on a pro-rata basis the remaining amount of your payment corresponding to unused service. Setup, installation, and consulting fees, if any, are non-refundable.
You may terminate the service at any time by contacting us from your designated contact account. WE MUST FIRST VERIFY THE REQUEST FOR SECURITY PURPOSES BEFORE ACCEPTING IT. Unless otherwise stated, as soon as you cancel the service your right to use it stops immediately. You will not have access to data that you stored on the service after you terminate the service. You are responsible for backing-up your data that you use with the service in advance of cancellation. Cancellation of the service by you will not alter your obligations to pay all charges due up to the time of cancellation.
You agree that we shall be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fees, any applicable sales taxes, and any other charges you may incur in connection with your use of our services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th.
Prepayments will be billed to your card within 24 hours of their receipt. Prepayments are entitled to a refund if the customer requests a cancellation during the first month of service, the remaining months (minus the cost of the first month) will be credited back to the customer’s account. Any remaining balance on a customer’s account may only be used for services and will not be refunded.
We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and your financial services provider. We do not provide pro-rated refunds for unused subscription fees if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees but will notify you in advance of any such increases that may affect you.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NUVEUM AND IT’S AFFILIATES, OWNERS, SHAREHOLDERS, OFFICERS, VENDORS, EMPLOYEES, AND CONTRACTORS (COLLECTIVELY “WE” and “OUR”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE NUVEUM SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, OUR MAXIMUM AGGREGATE MONETARY LIABILITY IN CONNECTION WITH THE SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES THE SINGLE MONTH RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
YOU AGREE THAT YOUR USE OF SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED.
You agree to defend, indemnify and hold harmless Nuveum, it’s officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the services.
You agree that we may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on this website.
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and and govern your use of services, superseding any prior agreements between you and for the use of services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to binding arbitration for resolution of any and all disputes between yourself and Nuveum before a panel of impartial arbitrators appointed by the American Arbitration Association at a location within Suffolk County, state of New York. Pursuit of arbitration shall be your sole remedy in resolution of any complaint. You expressively waive your right to complaint and/or jury trial in any civil court of any jurisdiction.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of services or the Terms of Service must be filed within three (3) months after such claim or cause of action arose or be forever barred.