Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between NexMuv, LLC (“NexMuv, LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the nexmuv.com website and any of its products or services (collectively, “Website” or “Services”).

Access to Site and Services. You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended users. You acknowledge that You are at least 18 years of age and you have reached the age of majority in the state or jurisdiction where You live or reside. If You are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which You live or reside, You may not use our Services. Your account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. If You are using our Services as a Broker, you agree that you possess the authority to act as a Broker on behalf of a Shipper or TSP. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that NexMuv Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the NexMuv website as a means to sell or market any types of goods or products, unless specifically allowed by NexMuv in writing.

Shippers. You are responsible for reading all terms, conditions, and tariffs published by TSPs when booking shipments on NexMuv. You are agreeing to the TSP’s terms, conditions, and tariffs, and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this User Agreement. Each TSP is required to operate under a filed tariff. A request of the tariff can be made by the customer to the TSP. An average tariff is a 400 page legal document. You acknowledge that, unless otherwise noted by the TSP, pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered. NexMuv will charge a 10% cancellation fee, and a 15% cancellation fee if cancelled within 24 hours set at a $200 minimum to cover costs to the service providers. NexMuv will charge half of those amounts for date changes to cover the costs to the service providers. A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this User Agreement or by law. IMPORTANT: NexMuv actively screens TSPs for compliance with federal, state or local laws and regulations, including, but not limited to, Broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). However, NexMuv cannot guarantee 100% accuracy and therefore recommends that You confirm such compliance directly with the TSP before services are rendered by the TSP.

Chargebacks and Reversed Payments: In the event that a Shipper successfully charges back a credit or debit card payment or reverses any other payment type, then NexMuv will reverse the payment within the Shipper and TSP accounts and the shipment would then be treated as unpaid.

Unwarranted chargebacks or payment reversals initiated by users are prohibited, will result in the suspension of your account, and may result in NexMuv pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third-party collection agency. In the event that shipping services were not performed, all users must abide by the NexMuv cancellation policy described above. The NexMuv cancellation process ensures the integrity of the feedback system and accuracy of any refund.

There are situations where a chargeback may be warranted, such as when a user feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, NexMuv must be notified by the cardholder so that NexMuv may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a NexMuv transaction.

If an unwarranted chargeback of the Shipper’s payment is initiated and accepted by the payment processor or other entity, NexMuv reserves the right to charge the TSP for any costs associated with the chargeback. If a chargeback is accepted, the TSP becomes responsible for that invoiceable amount.

Pricing and Price Changes. NexMuv does not set or control prices offered by SPs. Quotes and offers Shippers receive from SPs are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then SPs may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred.

Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of Shippers of household goods. Your TSP is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your TSP at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at ProtectYourMove.gov.

By adhering to these Terms and Conditions, you are authorizing NexMuv to provide to you electronic versions of “rights and responsibilities as a shipper of household goods” and “describing procedures for handling questions & complaints” in lieu of a pamphlet of both.

Release. Should you have a dispute with one or more NexMuv users, You release NexMuv, LLC its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.

Taxes. You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by NexMuv.

Record Keeping/Audit. NexMuv reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.

Accounts and membership

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, NexMuv, LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Access to Site and Services

You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended users. You acknowledge that You are at least 18 years of age, and you have reached the age of majority in the state or jurisdiction where You live or reside. If You are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which You live or reside, You may not use our Services. Your account may not be transferred or sold to another party. If you register as a business entity, you represent that You have the authority to bind the entity to this Agreement.

Consumer

If You are using NexMuv Services as a Consumer, you agree that information used to share means you are the authority of the information and agree that your data is allowed to be shared Service Providers, Brokers NexMuv following the services you use. Users who engage in booking services with NexMuv must have a valid license to operate the vehicle they intend to use. You agree that NexMuv Services are for transportation services only and that your work will only involve transportation services. You agree that You will not use your participation in the NexMuv application, platform, and infrastructure as a means to sell or market goods or products unless allowed explicitly by NexMuv in writing.

Brokers

If You are using our Services as a Broker or Consumer, you agree that you possess the authority to act as a Broker on behalf of a Service Provider. Users who engage in goods transportation must have a valid license to operate the vehicle they intend to use. You agree that NexMuv Services are for transportation services only and that your work will only involve transportation services. You agree that You will not use your participation in the NexMuv website as a means to sell or market any types of goods or products unless allowed explicitly by NexMuv in writing.

Service Providers

You are responsible for reading all terms, conditions, and tariffs published by Service Providers when booking shipments on NexMuv. You agree to the Service Provider terms, conditions, and tariffs, and entering into a legally binding agreement with the Service Provider unless the transaction is prohibited by law or by this User Agreement. Unless otherwise noted by the Service Provider, you acknowledge that pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Service Provider must be ready to readily produce and make available their tariff in use to any customer requesting such information. Cancellations may be requested by either party prior to services being rendered. NexMuv will charge a 10% cancellation fee, and a 15% cancellation fee if cancelled within 24 hours set at a $200 minimum to cover costs to the service providers. NexMuv will charge half of those amounts for date changes to cover the costs to the service providers. A Service Provider reserves the right to inspect your shipment before accepting it and refuse to transport any item prohibited by this User Agreement or by law. IMPORTANT: NexMuv actively screens Service Providers for compliance with federal, state, or local laws and regulations, including, but not limited to, Broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). However, NexMuv cannot guarantee 100% accuracy and therefore recommends that You confirm such compliance directly with the Service Provider before the Service Provider renders services.

Chargebacks and Reversed Payments

If a Service Provider successfully charges back a credit or debit card payment or reverses any other payment type. In that case, NexMuv will change the amount within the Service Provider, and Service Provider accounts shipment would then be treated as unpaid.

In the case of an unwarranted chargeback of the Service Provider’s payment is initiated and accepted by the payment processor or other entity. In that case, NexMuv reserves the right to charge the Service Provider for any costs associated with the chargeback. If a chargeback is accepted, the Service Provider becomes responsible for that invoiceable amount.

Pricing and Price Changes

NexMuv does not set or control prices offered by SPs. Quotes and offers Service Providers receive from SPs are required to be all-inclusive based on the information Service Providers provide; however, if the actual shipment characteristics are materially different than specified by the Service Provider and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then SPs may invoice a different amount than the original price, and the Booking Party shall be responsible for all additional costs incurred.

Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations to protect Service Providers of household goods. The FMCSA requires your Service Provider to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your Service Provider at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at ProtectYourMove.gov. Release. Should you have a dispute with one or more NexMuv users, You release NexMuv, LLC its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.

Authorization to Credit and Debit Accounts

As a Service Provider or Service Provider, You irrevocably and expressly authorize NexMuv to credit any monies to the account that You have identified for NexMuv. You agree that it is your responsibility to maintain a valid credit card or bank account on file with us while engaging in activity with the NexMuv Services. You agree that if You do not maintain a valid credit card or bank account on file with us during any billing attempt, You may be subject to interest and penalties. You expressly authorize NexMuv to withhold any monies and/or debit any monies from any account that You have identified to NexMuv for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to NexMuv. We reserve our rights to all actions and remedies in connection with any monies owed to NexMuv. Match Cancellations and Account Credits. A cancellation may be requested by either party after a shipment is booked on NexMuv but before any services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on NexMuv will not be performed. When You request a cancellation, the other party will be notified and will have the opportunity to respond by either:

accepting the cancellation and your reason;

accepting the cancellation but providing their cause and comments; or

disputing the cancellation and requesting review by NexMuv staff.

If your request for cancellation is accepted by the other party, the match will be cancelled and the shipment can either be relisted or deleted. If your cancellation request is disputed by the other member, then the request will be sent to NexMuv and a determination will be made on allowing or not allowing the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted.

Refunds and Credits

For all cancelled shipments booked using the Booking Deposit payment method, the Service Provider deposit and the Service Provider Service Charge will be collected by NexMuv as our cancellation fee. At NexMuv’s sole discretion, and on a case-by-case basis, we may offer the cancellation fee as a discount to a future transaction; provided, however, that in such cases (i) the right to such discount shall be conditioned, and may be given in consideration for the Service Provider consummating a future transaction with NexMuv within 365 days following the issuance of such credit, and (ii) such discount shall have no cash value and shall not be transferable. A Service Provider may receive a full refund of the booked shipment price and Service Provider Service Charge for cancelled NexMuv Payments transactions up to 120 days after the booking date. A refund can only be given if the NexMuv Payments payment code has not been released to the Service Provider.

Excessive Cancellations

Every Service Provider is allowed 1 cancellation for every 10 booked shipments without penalty, with your total booked shipments always rounded up to the nearest 10. Each cancellation above this allowance is considered excessive, and Service Providers that have excessive cancellations when a bid is placed or an offer is accepted will have a variable surcharge added to their transaction fee. The cancellation rate is equal to the total number of cancellations divided by the total number of matches. The Service Provider’s transaction fee will incur an excess cancellation surcharge based on the Service Provider’s previous 12-month cancellation rate on NexMuv. Suppose a Brokered Load is automatically cancelled because the Service Provider to Broker transaction is canceled. In that case, the cancellation will not be posted on the Carrier’s profile or count as an excessive cancellation.

Mobile Application Usage

When using the Services on a mobile device and/or the NexMuv mobile application, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, (iii) not interact with the app, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.

NexMuv does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and NexMuv shall have no liability should these problems arise. You assume all responsibility and risk for the use of the NexMuv Services and mobile applications.

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. NexMuv is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. NexMuv reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable laws from your home nation, the country, state, and/or city in which you are present while using the application or Service.

Bills of Lading

For certain shipments and for the convenience of the parties to a shipment, NexMuv generates an electronic and/or printable bill of lading utilizing the booking information provided by both parties for your use in tendering the shipment. The bill of lading issued in connection with each shipment is non-negotiable and shall be deemed, conclusively, to have been prepared by You, the Service Provider. The parties agree that NexMuv does not issue the bill of lading and that NexMuv is not a party to the bill of lading. For certain Service Providers, the Service Provider’s failure to provide the bill of lading generated via NexMuv to the selected Service Provider may result in the loss of the quoted rate. Suppose the Service Provider makes changes to a shipment after booking. In that case, the Service Provider must either make changes to the bill of lading or cancel the shipment and rebook with current information. Service Providers shall have no obligation to honor rate quotes in any of the following instances: any alteration of the bill of lading, or tendering of shipments to any Carrier other than the selected Service Provider, or the use of a bill of lading not generated via the NexMuv software platform. These terms and conditions apply when using the Standard Bill of Lading available on NexMuv: Standard Bill of Lading Terms and Conditions.

Carrier Cargo Claims and Carrier Limitations of Liability

As a neutral venue, NexMuv does not set terms specific to Carrier cargo liability. Except where otherwise provided by the Carrier via the NexMuv software platform, the Carrier liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims must be submitted immediately by the Service Provider to the selected Service Provider to ensure timely resolution. NexMuv shall have no liability or responsibility for the same. The Service Provider may not offset freight or other charges against claims for any loss, damage, misdelivery, or non-delivery. Where provided by the Carrier through NexMuv, the liability for cargo loss offered will be determined by the individual Carrier’s governing General Rules Tariff or terms and conditions in effect at the time of shipment. If a shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the otherwise standard liability for cargo loss. The maximum amount that a Service Provider may recover on a cargo claim will be that which is recoverable under the Carrier’s published liability limits and/or tariffs. The Service Provider agrees that by booking a shipment on NexMuv they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and voluntarily chosen the released rates and limits published by Carriers through the NexMuv software platform.

Information You Submit

You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize NexMuv to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information, nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the NexMuv Services that is in the sole opinion of NexMuv a violation of this Agreement, illegal, discriminatory, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the NexMuv Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content, and/or information. To only that extent to allow us to use your communication, content, and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in your communication, content, and/or information. You further represent and warrant that any and all of your online communication, content, and/or information will not, in the sole opinion of NexMuv:

Violate any international, federal or state law, regulation, rule, or statute;

Violate the terms of this Agreement;

Infringe upon any third party intellectual property rights including, but not limited to, copyright, patent, or trademark rights;

Contain obscene, lewd, or suggestive content, and under no circumstances will it contain pornography;

Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about NexMuv employees, agents, other users, or any of the NexMuv Services;

Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;

Scan or test the vulnerability or security of our Services or the system within which our Services operate;

Be used for commercial or public purposes outside of the requirements of this Agreement;

Knowingly create liability for NexMuv through your use of NexMuv Services;

Frame or link to our Services without our written permission; or

Knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.

Taxes

You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by NexMuv.

Record Keeping/Audit

NexMuv reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by NexMuv, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with NexMuv, LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of NexMuv, LLC or NexMuv, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any NexMuv, LLC or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will NexMuv, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if NexMuv, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of NexMuv, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to NexMuv, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold NexMuv, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@nexmuv.com

This document was last updated on October 24, 2021