N E X H I V E

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  1. Terms

By accessing the website at http://www.nexhive.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

  1. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Nexhive's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on Nexhive's website;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nexhive at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Disclaimer

The materials on Nexhive's website are provided on an 'as is' basis. Nexhive makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Nexhive does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

  1. Limitations

In no event shall Nexhive or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Nexhive's website, even if Nexhive or a Nexhive authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Accuracy of materials

The materials appearing on Nexhive's website could include technical, typographical, or photographic errors. Nexhive does not warrant that any of the materials on its website are accurate, complete or current. Nexhive may make changes to the materials contained on its website at any time without notice. However, Nexhive does not make any commitment to update the materials.

  1. Links

Nexhive has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nexhive of the site. Use of any such linked website is at the user's own risk.

  1. Modifications

Nexhive may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

  1. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

Marketing campaigns

Nexhive is a service for email, SMS as well as a service for sending DRIP email campaigns. The user has access to the dashboard to monitor their campaign metrics only.

Delivery of marketing campaigns

The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. Nexhive shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.

Messages may go undelivered or be delayed for the following reasons:

  • the subscriber’s mobile phone is turned off or is outside the area of the mobile operator’s coverage.
  • the subscriber’s mail service uses the automatic spam-blocking method known as greylisting, and it reports that it refuses to accept the email.
  • the mail service rejects the email after identifying its contents as spam (based on the given server’s Anti-Spam Policy and its understanding of the word “spam”)
  • the subscriber’s inbox is full or the recipient’s email server is experiencing technical difficulties.
  • the recipient’s mail server rejects the email due to the presence in the email of blocked links (i.e. URLs in a blacklist or graylist)
  • an email cannot be delivered due to adverse natural conditions or other force majeure circumstances, which might have an adverse effect on the operation of Nexhive’s hardware and software. These conditions or circumstances include, but are not limited to, natural disasters, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

The user has the right to not agree with the Terms for using the Service. In that case, the user will be denied further use of Nexhive.

You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of the materials that you upload to the Service.

We may use or disclose your information only as described in these Terms and our Privacy Policy.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use our Service for any unlawful or discriminatory activities.

You represent and warrant that in creating your Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:

  • will clearly describe in writing how you plan to use any data collected, including for your use of the Service. You will get express consent to transfer data to Nexhive as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
  • have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of communication through the Service.
  • have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow us to receive and process data and send communications to that individual on your behalf.

agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.