Terms of Use

These Terms of Use (the “Terms” or the “Terms and Conditions”), together with any and all other documents referred to herein, set out the terms of use which govern your use of our websites (the “Websites”) and apps (the “Apps”). Please read these Terms and Conditions carefully and ensure you understand them. By accessing, using, or browsing the Websites or downloading, installing, or using the Apps, you agree to be bound by these Terms of Use. If you do not agree with and be bound by any part of these terms, you must stop and refrain from accessing or using ourWebsites and/or our Apps as the case may be immediately.

Acceptable Use

You agree to use our Websites and/or our Apps only for lawful purposes and in a manner that does not violate any applicable laws or regulations. We reserve the right to refuse service to anyone for any reason at any time.

You are responsible for maintaining the confidentiality of any login credentials or account information associated with your use of our Websites and/or our Apps. You are responsible for all activities that occur under your account. You are responsible for all of your activities in connection with your use of our Websites and/or our Apps. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You must not use ourWebsites and/or our Apps to:

  • Engage in any activity that is harmful, illegal, or unethical.
  • Violate the intellectual property rights of others.
  • Transmit or share any content that is unlawful, offensive, defamatory, or infringes on the rights of others.
  • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our websites through which the service is provided, without express written permission by us.
  • Attempt to gain unauthorized access to our Websites and/or the Apps, other users’ accounts, or any computer systems or networks related to our Websites and/or our Apps.
  • Interfere with the proper functioning of our Websites and/or our Apps or disrupt the experiences of other users.

User Content

Our websites and/or our apps may allow you to post, upload, or share content, including but not limited to text, images, videos, and other materials (“User Content”). You are solely responsible for your User Content and any consequences of sharing it on our websites and/or our apps. By posting User Content, you represent and warrant that you have the right to do so and that your User Content does not violate any applicable laws or infringe on the rights of any third party.

Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

Harm or threaten harm to minors in any way.

Impersonate any person or entity, including, but not limited to, a Never Finite Technologies officer, director, member, manager, employee, agent, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Upload, post or otherwise transmit any Content that you do not have a right to upload, post or transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post or otherwise transmit any Content that infringes upon any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any other party.

Upload, post or otherwise transmit any material that contains a software virus, a Trojan horse, spyware, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Interfere with or disrupt the Site or servers or networks connected to them, or disobey any requirements, procedures, policies, rules or regulations of networks connected to them.

Intentionally or unintentionally violate any applicable local, state, national or international law or treaty including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, any regulations having the force of law.

Stalk or otherwise harass or threaten the safety of another person.

Make malicious personal attacks, defamatory statements, or other behavior deemed unacceptable.

Collect or store personal data about other users.

Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to commit acts of terrorism, how to assemble bombs, grenades, and other weapons, etc.).

Interfere with another person’s use or enjoyment of our websites and/or our apps.

Promote or advertise sexually explicit or pornographic materials or websites.

We reserve the right to remove or disable access to any User Content that we believe, in our sole discretion, violates these Terms of Use or is otherwise inappropriate or harmful.

Intellectural Property

All content and materials available in our websites and/or our apps, including but not limited to text, graphics, images, logos, and software, are the property of Never Finite Technologies (“Company”) and its licensors and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted in these Terms, you may not use, claim an ownership interest in, or sell or assign any interest in or rights to the aforementioned proprietary property or intellectual property of Never Finite Technologies or its affiliate(s). Further, and without limitation of the foregoing, you shall have no right to, and must not, create any derivative works based upon our websites and/or our apps or any of the other aforementioned proprietary or intellectual property, in whole or in part.

You may not reproduce, distribute, modify, display, perform, transmit, or otherwise use any of the content and materials from our websites  and/or our apps without obtaining the prior written consent of the Company.

Privacy

The use of our websites and/or our apps is subject to our Privacy Policy. By using our websites and/or our apps, you consent to the collection, storage, and use of your information as described in the Privacy Policy.

Disclaimer of Warranty

OUR WEBSITES AND/OR OUR APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT OUR WEBSITES AND/OR OUR APPS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM HARMFUL COMPONENTS, OR THAT THEY WILL MEET YOUR REQUIREMENTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR WEBSITES AND/OR OUR APPS IS AT YOUR SOLE RISK. OUR WEBSITES AND/OR OUR APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL NEVER FINITE TECHNOLOGIES OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF OUR WEBSITES AND/OR OUR APPS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO NEVER FINITE TECHNOLOGIES OR ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES AND/OR OUR APPS, EVEN IF ADVISED OF THEIR POSSIBILITY.

NEVER FINITE TECHNOLOGIES WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR ACCOUNT, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND NEVER FINITE TECHNOLOGIES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

NEVER FINITE TECHNOLOGIES DOES NOT REPRESENT OR GUARANTEE THAT ITS WEBSITES AND/OR APPS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NEVER FINITE TECHNOLOGIES DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITES, OUR APPS OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS. THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO OUR WEBSITES, OUR APPS OR THESE TERMS OF USE SHALL BE US $0.

Indemnification

You agree to indemnify and hold Never Finite Technologies and its affiliates, employees, agents, and representatives harmless from and against any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of or related to your use of our websites and/or our apps, violation of these Terms and Use, or any breach of applicable laws or regulations.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modification and Termination

The Company reserves the right to modify, suspend, or terminate the Terms or any part thereof, at any time and without prior notice, and for any reason.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Governing Law and Jurisdiction

This Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regards to its conflict of laws provisions. Any dispute arising out of or related to this Terms of Use shall be subject to the exclusive jurisdiction of the courts in the State of Georgia.

Entire Agreement

This Terms of Use constitute the entire agreement between you and the Company regarding your use of our websites and/or our apps and supersede all prior and contemporaneous agreements, understandings, and representations.

Severability

If any provision of thise Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from this Terms and Conditions and the remaining provisions shall remain in full force and effect.

Headings

The headings in this Terms and Conditions are for convenience only and shall not affect its interpretation.

Counterparts

This Terms and Conditions may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Contact Information

If you have any questions, concerns, or requests regarding this Terms of Use or our websites and/or our apps, please contact us by sending us a message on this page.