Website Terms and Conditions
Last updated: 4/22/24
These terms (the “Terms and Conditions”) govern your use of this website (the “Site”), which is published by Jackson & Sons, Inc. (“Jackson & Sons”), a subsidiary of NearU Services (“NearU”) (collectively, the “Company”). Please read these Terms and Conditions carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or Privacy Policy, you must not access or use the Website.
Intellectual Property
All content published and made available on our Site is the property of Company and the Site’s creators. This includes but is not limited to text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights, and anything similar that contributes to the composition of our site contained therein (collectively, the ”Content”). All use of such Content accessible on our Site is restricted and must comply with these Terms and Conditions. No express or implied rights are conferred on you to use such Content. The compilation of all Content through the Site is the exclusive intellectual property of Company and protected by U.S. and other applicable copyright law. Except as explicitly permitted by these Terms and Conditions or the functionality of the Site, the Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Content of the Site without notice.
The Company grants you a limited license to access and make personal, non-commercial use of the Site and all Content thereon, subject to these Terms and Conditions. This limited license gives you the right to view all Content and download or print a single copy of the Content for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Site and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, visited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from the Company. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process, with our Content for any purpose including to continuously and automatically search, scrape, extract, deep link or index any Content, use Content to train an algorithm or model, or cause disruption to the working of the Site or any other person’s use of the Site. Any legal rights that cannot be limited by agreement are excluded from this provision.
Links from the Website
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Consent to Receive Communications
If you enter your information in an online form and indicate your consent to receive emails, telephone calls, text messages or any other communications from us, you acknowledge and agree to the fullest extent allowed by law that we may contact you by any means allowed by law including by means of an automatic telephone dialing system or pre-recorded or artificial voice message. You always have the right to decline to provide us with information and you may opt out of receiving these communications at any time after your consent has been given. Depending on your jurisdiction, there are various means to opt-out that are described in more detail in our Privacy Policy that include contacting us directly, submitting the appropriate form, and using the “unsubscribe” prompts contained at the bottom of email communications.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, 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 SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE 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.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Company and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the state of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the state of North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and Company’s failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Information About You and Your Visits to the Site
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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 Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follow:
Mailing Address: 2308 Indian Springs Road, Dudley, NC 28333
Phone: (919) 734-9611
Email: [email protected]
