Nexsys Technologies LLC (“Nexsys,” “Company,” “we,” “us,” or “our”) provides access to the various web pages established or maintained by Nexsys (collectively, the “Website”), the Nexsys Clear Path®, Clear SignSM and Clear HOI web applications, and the Nexsys mobile software application (the “App”) as an accommodation to our invited guests (together, the Website, Nexsys Clear Path®, Clear SignSM, and Clear HOI web applications, and the App are the “Platform”).
Who May Use the Platform
You may use the Platform only if:
- You can legally form a binding contract with us, and
- You are 13 years of age or older and reside in the United States or any of its territories or possessions.
By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Our Grant of Rights to You
Your Grant of Rights to Us
For any content that you submit to our Platform (if such ability is available to you) or any appearance you make via audio or video technology on our Platform (“User Contribution”) and any data and information relating to your use of the Platform (together with User Contribution, all this constitutes “User Content”), you grant us the right to archive, capture, copy, display, distribute, index, modify, publish, record (including both audio and video recordings), reproduce, store, transmit and use your User Content to provide services to you through the Platform, for any legitimate business purpose associated with your use of the Platform, and for all other purposes as provided by law. We may retain User Content indefinitely, or delete or destroy it at any time, to the fullest extent permitted by law.
For remote notarization transactions, User Content includes the two-way video and audio recording of your person and voice during the notarization session, your identity validation and its results, personal data and identity credentials (including any photos and data thereon), responses to knowledge-based questions drawn from third-party databases, connection information, device information, session information, a digital copy of all documents transmitted to us and any other information reasonably required to perform the remote notarization. You acknowledge and consent to the capture of any audio visual recording during the duration of your use of the Website, App or Platform. Such recording will be maintained and stored to the extent required for compliance with applicable law. You further grant us the right to transmit your User Content (i) to any third party if your access to and use of the Platform, for that transaction, was via a link or other access point provided by the third party; (ii) to any other authorized third parties (either authorized by you, by the entity who provided you access to the Platform, or as authorized or required by law); and (iii) to third-party service providers whose services we use to support or provide all or part of the Services provided to you by the Platform, such as identity validation services, video services, and web services. You grant us the right to store, maintain, display and provide access to your User Content in the electronic notary’s journal as provided by law, including to government officials who have a right to see such information and to other authorized persons or entities as provided by your agreements with them.
For remote notarizations performed via the Platform, you agree that no other parties will be visible or audible during the live two-way video and audio session; if, however, any persons are visible and/or audible, you confirm that they are present pursuant to your invitation and that you have the right and authority to grant to us, on their behalf, all the same rights to be recorded as you grant to us.
In submitting User Content, you represent and warrant that you have authority and rights to both submit such User Content and to provide the grant of rights to us.
Accessing the Platform, Account Security and Authorized Representatives
If you choose, or are provided with, a username, password, access code or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, access code or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password or access code or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You will be held responsible for authorized or unauthorized account activity under your username. If a company is setup with a “master account” that allows multiple usernames and passwords under its account, the “master account” holder will ultimately be held responsible for all usage under all each username and password. It is the duty of the master account holder to inform Nexsys that usernames and passwords need to be removed from under the master account.
Use of the Platform
You understand that Nexsys has developed the Platform with user safety in mind and while reliable, is not perfect. Therefore, we cannot and do not guarantee that the Platform will be free of infection from viruses or other harmful or malicious computer related dangers that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Platform for the reconstruction of any lost data.
You assume sole responsibility and assume all of the risk for your use of the Platform and the internet. You acknowledge and agree that any uploads or transmissions you make may be intercepted and used by an unauthorized third party.
We periodically schedule system downtime for maintenance and other purposes. In addition, unplanned system outages also may occur. We do not have any liability and you waive all liability whatsoever for the resulting unavailability of the Platform or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Platform.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, 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. You must not: (i) modify copies of any materials from this Platform; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Platform.
If you wish to make any use of material on the Platform other than that set out in this section or the section titled “Our Grant of Rights to You,” please address your request to: Privacy@nexsystech.com.
The Company name and all of the Company’s trademarks, including the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following: (i) Your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Nexsys Technologies, LLC
Attn: Legal Team
1054 Woodward Ave
Detroit, MI 48226
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted or Sent
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Platform Content and Software Updates
We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
Nexsys does not permit third-party advertising on this Website. Except with the written permission of Nexsys, you agree that you will not create links from any website or webpage to this Website or any webpage within this Website.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Platform is based in the State of Michigan in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. if the platform is used for remote notarization, we disclaim any responsibility for the failure of a notarized document to be accepted or for a document to be later deemed by a court or other party to be invalid because it was notarized by an audio-video communication. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, with respect to the platform, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Platform is operated by Nexsys Technologies LLC located at 1054 Woodward Ave, Detroit, MI 48226.
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: Privacy@nexsystech.com.
Thank you for visiting the Platform.