Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

License

The NextIO Site is a copyrighted work belonging to NextIO. You may not use, reproduce, display, modify, adapt, distribute or transmit the materials posted on the Site except as permitted under these Terms. NextIO retains all right, title and interest in and to all content materials displayed on or accessible through the Site, and all intellectual property rights related thereto. Nothing contained in these Terms shall be construed as conferring any license or intellectual property right by implication, estoppel or otherwise, and all other rights are expressly reserved.

Secure Areas

Your use of any information on the Site secured by a user name/login screen ("Secured Information") is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Information under this Agreement.

Disclaimers

UNLESS OTHERWISE EXPRESSLY SPECIFIED BY AGREEMENT OR ON THIS SITE WITH RESPECT TO A SPECIFIC PRODUCT OR SERVICE, THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTIO DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SITE, MATERIALS, PRODUCTS AND SERVICES. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT SHALL NEXTIO BE LIABLE FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, OR THE MATERIALS AND CONTENT POSTED ON THIS SITE , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF NEXTIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXTIO'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE USE OF THIS SITE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSIVE OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Accuracy of Content and Pricing Information

Because prices, product descriptions and service availability can change quickly, NextIO does not warrant the accuracy and completeness of the materials provided on the Site. NextIO may make changes to the materials, products and services offered on this Site, or to the products and prices described in them, at any time without notice. Information at this Site is periodically updated, but it may not be current and complete at the time you visit this Site, and may contain errors or inaccuracies. In no event shall NextIO or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site.

Changes and Modifications

NextIO reserves the right from time to time to establish or modify the Terms hereunder by updating this posting. By using or accessing the Site subsequent to the posting of any change to these Terms, you agree to be bound by any such revisions and should thus periodically visit this page of the Site to examine the then-current Terms by which you are bound.

NextIO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that NextIO will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

Privacy Policy and Data Security

The terms and conditions of NextIO's Privacy Policy are incorporated herein by reference and can be viewed by clicking here. This Site is intended for use by persons over the age of 13. NextIO does not seek to collect information about children under the age of 13. No information should be submitted or posted to this Site by users under 13 years of age. NextIO does not guarantee the security of any information transmitted to or from the Site.

You understand and agree to assume the security risk for any information you provide using the Site. Unless you are using the Secure Area to submit service requests or technical support questions, you should not post any personally-identifiable information.

NextIO does not monitor general message boards that may be hosted on the Site, and offers no formal support in such message boards. Message board content is the sole responsibility of the person supplying the content, and NextIO assumes no responsibility to control such content. All messages posted or submitted to a message board will be treated as non-confidential information.

Mailings

By submitting your name, email address, and any other personal information to NextIO, you hereby grant NextIO, subject to NextIO's Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about NextIO products, services and news ("Mailings"). These Terms shall apply to all such Mailings.

Links to Other Websites

Links on this Site to third-party Sites are provided solely as a convenience to you. If you use these links, you will leave this Site. NextIO does not control these parties or their website content and the inclusion of any link does not imply any endorsement or representation about them. If you decide to access any of third-party websites linked to this Site, you do so entirely at your own risk.

Notice

If you have any questions about these Terms or our Privacy Policy, you may contact us at: 8303 N MoPac Expressway; Suite A210; Austin, TX 78759. You may also email us at: NextIO-Marketing@NextIO.com

General

You may not use or export or re-export the materials, products or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. If any of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining Terms hereof shall be unaffected and remain in full force and effect. You may also be subject to additional terms and conditions that may apply when you purchase products or services, participate in a sweepstakes, contest or other promotion, or use or download software. The failure of NextIO to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Travis County, Texas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

Last Updated: 10-15-05