Nexalumni - Memories & Moments

Terms of Service

By accessing the website at http://www.nexalumni.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.

User Accounts

You may browse the NexAlumni.com website without creating an account, subject to these Terms. In order to use the full features of the NexAlumni Service, you must register for an account. When you use the NexAlumni Service to upload, download, or purchase eBooks or Alumni Spaces or any products, services, or information from NexAlumni, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to NexAlumni on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify NexAlumni. You are solely liable for the losses incurred by NexAlumni or others due to any unauthorized use of your NexAlumni Service account.

Product & Service Pricing

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
We reserve the right to alter all product and service pricing without notice.

Your Order

When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.
Your offer is only accepted by us once we have emailed you the invoice to confirm the creation of your Alumni Space or eBook(s) and the product or service has been provided to you.
Product or service items not included within your account email are not included in the order and contract between you and us.
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

Payment Process

NexAlumni will use a third party billing provider such as CCAvenue (the “Third Party Billing Platform” or the “Platform”) to facilitate the payment flow for Digital Sales. Payment provided by the customer is used by CCAvenue, which handles Credit Card transactions and other payment transactions on behalf of NexSchools (parent company of NexAlumni) for all the services and products of Nexlumni.com - Alumni Spaces and eBook products and services. We can’t obtain the customer’s Credit Card information from CCAvenue. Credit Card numbers are confidential between the customer and CCAvenue. For more information about CCAvenue and their Privacy Policy please visit their website at https://www.ccavenue.com/

Payment Information

You are solely responsible for paying all fees and applicable taxes associated with your NexAlumni Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize NexAlumni or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
Your "Subscription Billing Date" is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the NexAlumni Services, including sales, use, or value added taxes. If requested, you will promptly furnish to NexAlumni the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that NexAlumni is obligated to collect such taxes, NexAlumni will charge your Payment Method or otherwise add the applicable to your billing account.

Free Trial

NexAlumni may make available a 7-day trial for a Paid Service without charge to you ("Free Trial"). During free trial limited service accessibility will be provided to you. After the free trial is complete your content will be available in read only mode for limited time only. NexAlumni holds the right to deactivate all the content created under free trial.

Refunds on Subscriptions

Due to the nature of a subscription and the effort and cost involved in processing and maintaining a membership account, full refunds are generally not possible. However, if you are dissatisfied with the subscription you purchased, we urge you to contact us at support@nexalumni.com or reach us through our contact us page to communicate your issue. All complaints are given careful consideration.
You agree to submit any dispute regarding any charge to your account in writing to NexAlumni within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of NexAlumni.

Pricing

You are solely responsible for selecting the price of a Paid Purchase price from your subscription.

Permission to Use NexAlumni Service

Definitions. As used in these Terms: (i) "Published Content" means digital assets uploaded and published on the NexAlumni Service; (ii) "Pre-Publication Assets" means raw editorial content (e.g., text, images, layout information) uploaded to the NexAlumni Service; and (iii) "User Submissions" means Published Content and Pre-Publication Assets, collectively.
License. Subject to your compliance with the terms and conditions set out in these Terms, NexAlumni hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to: (i) use the NexAlumni Service to view, use and access User Submissions and other content made available via the NexAlumni Service; (ii) participate in any other programs, services, or features of the NexAlumni Service now or hereafter made available by NexAlumni, including uploading of your User Submissions; (iii) download and install Software on the hardware for which the Software was created solely to exercise the rights granted in these Terms; and (iv) implement any API made available by NexAlumni solely in accordance with that API’s documentation. Your use of the NexAlumni Service must be for personal, non-commercial use only, except that Users who are commercial entities, government entities, or non-profit entities may use the NexAlumni Service to make their Published Content available on the NexAlumni Service, use the Service to collaborate on Pre-Publication Assets, or to integrate the NexAlumni Service with the User’s website. For the avoidance of doubt, you are not entitled to any compensation from NexAlumni for any reason, including but not limited to for User Submissions, unless otherwise specifically agreed in writing by NexAlumni.
Restrictions. You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the NexAlumni Service in a manner that sends more request messages to the NexAlumni Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the NexAlumni Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the NexAlumni Site.
API. You also agree that for any API made available by NexAlumni: (i) NexAlumni makes no representations or warranties whatsoever regarding any API or any quality of service available via any API; (ii) NexAlumni may restrict usage limits; (iii) you will not modify any content accessed via that API; (iv) NexAlumni may terminate or deprecate any service or functionality available via an API at any time without notice or liability; and (v) use of some APIs may require obtaining an API key from NexAlumni, and NexAlumni may disable any key at any time without notice or liability.
Privacy. If you are a commercial entity, government entity, or non-profit entity, you must post, and if your network includes third party sites or apps then you will contractually require such third parties to post, a privacy policy on each site, application or service that discloses the collection and use of your users’ data by third parties.
Reservation of Rights. NexAlumni reserves all rights not expressly granted in these Terms. You acknowledge that NexAlumni may automatically issue upgraded versions of the software and systems comprising the NexAlumni Service and, accordingly, may upgrade the version of the NexAlumni Service that you are using. NexAlumni reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the NexAlumni Service, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

User Submissions

Pre-Publication Assets. By uploading Pre-Publication Assets to the NexAlumni Service, you hereby grant to NexAlumni a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on the NexAlumni Service solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service, each individual will be required to accept these Terms.
Published Content. By uploading Published Content to the NexAlumni Service, you hereby grant to NexAlumni a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through the NexAlumni Service. This license includes, for example, the right of NexAlumni to engage a partner to distribute Published Content, whether or not such partner identifies NexAlumni as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for NexAlumni to convert your Published Content to NexAlumni’s proprietary format, or such other file formats as may be used by NexAlumni, and to display and make your Published Content available, in whole or in part (including excerpts), on the NexAlumni Service in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to NexAlumni in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from the NexAlumni Service.
Representations. You are solely responsible for all of your User Submissions and you hereby recognize and affirm that the NexAlumni Service is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize NexAlumni and NexAlumni's Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by NexAlumni and these Terms; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the NexAlumni Service. Violators of these third-party rights may be subject to criminal and civil liability. NexAlumni reserves all rights and remedies against any Users who violate these Terms.
Removal of User Submissions. Although NexAlumni has no obligation to remove, screen, edit, or monitor any Published Content, NexAlumni reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason without notice. In addition, although NexAlumni has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, NexAlumni reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason.
No Endorsement. Further, you understand that when using the NexAlumni Service you will be exposed to Published Content from a variety of sources, and that NexAlumni is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NexAlumni with respect thereto. NexAlumni does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and NexAlumni expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, NexAlumni may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, NexAlumni does not permit copyright infringing activities on the NexAlumni Service.
Referral Partners. NexAlumni may as part of the NexAlumni Service allow you to enable certain third parties such as printing houses that have contracted with NexAlumni (each, a “Referral Partner”) to upload User Submissions on your behalf. If a Referral Partner refers you to NexAlumni, and you wish to allow such Referral Partner to upload your User Submissions, in addition to agreeing to these Terms you will be required to opt-in and agree to additional terms (via a separate sign-in process) to allow NexAlumni to provide to such Referral Partner certain information which may include but not be limited to your API upload key, your Customer ID and other relevant information. Without limiting any other provision in these Terms, you understand and agree that NexAlumni shall have no responsibility for the content or quality of any User Submission provided by a Referral Partner. You must provide to NexAlumni at least thirty (30) days’ prior written notice if you wish to remove a Referral Partner from your account.

Prohibited Conduct

You agree not to commit any act of the following prohibited conduct:

use the NexAlumni Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the NexAlumni Service as such services are offered by NexAlumni;
delete the copyright or other proprietary rights markings on the NexAlumni Service or other Users’ User Submissions;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the NexAlumni Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the NexAlumni Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;
defame, harass, abuse, threaten or defraud Users of the NexAlumni Service, or post, upload, or distribute any content that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the NexAlumni Service for any commercial use, it being understood that the content available on the NexAlumni Service is for personal, non-commercial use only;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the NexAlumni Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the NexAlumni Service, or perform any other similar fraudulent activity;
hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the NexAlumni Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the NexAlumni Service, or features that enforce limitations on the use of the NexAlumni Service or User Submissions, or intentionally interfere with or damage operation of the NexAlumni Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the NexAlumni Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the NexAlumni Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or
remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), NexAlumni brand elements, including logos, trademarks, service marks or other Materials displayed by NexAlumni in connection with the NexAlumni Service in any manner whatsoever, regardless of your use of the embedding functionality of the NexAlumni Service to display authorized content on your or other third party sites.

Copyright Infringement

It is NexAlumni's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. NexAlumni may terminate without notice any User's access to the NexAlumni Service if that User is determined by NexAlumni to be a "repeat infringer." A repeat infringer is a User who has been notified by NexAlumni of infringing activity violations more than twice or who has had a User Submission or any other user-submitted content removed from the NexAlumni Service more than twice.

Service Promotion

NexAlumni may provide you the opportunity to promote your Published Content ("Promoted services"). A "Promotion" is Published Content consisting of information about a Promoted content created in part by you and in part by automated means. NexAlumni reserves the right to change how Promotions are created without notice.
Your Promotion will automatically be placed based upon the targeting parameters and maximum auction bid price specified by you, but NexAlumni does not make any representation, warranty, or other commitment of any kind regarding Promotions, including placement or bid price.
In addition to the representations and warranties you make above with respect to your Promoted content as User Submissions, you also represent and warrant with respect to each of your Promotions that:
1. your Promotions adhere to community standards of decency and good taste, and comply with Laws of country or equivalent legislation in effect;
2. all statements contained in your Promotions are true, accurate and non-misleading;
3. you will disclose clearly and conspicuously that you have been paid or provided benefits with your Promotions and Promoted content if that is the case;
4. your Promotions and Promoted content do not include any personally identifiable information of third parties without such party’s permission;
5. your Promotions do not contain content that infringes upon the rights of any third party, including its copyrights, trademarks, privacy, or publicity rights;
6. the title and body text in your Promotions do not contain false, misleading, fraudulent, deceptive, inaccurate or unsubstantiated claims;
7. your Promotions comply with any and all codes, laws, and regulations regarding advertising or promotion in your locality or otherwise applicable to your Promotions;
8. your Promotions do not insult, threaten or harass any person; and
9. your Promotions do not contain: (A) offensive, profane, obscene, vulgar or inappropriate language, including language describing in a negative way or attacking persons (either as a group or individually) on the basis of their race, nationality, religion, gender, or sexual orientation or any other hate speech or terroristic speech; (B) obscene, defamatory or libelous content; (C) unlawful content, including content that encourages unlawful activity; (D) sexually explicit or sexually suggestive content, including pornographic material, "adult friend finders" or dating sites with a sexual emphasis, "adult" toys or sexually explicit videos; or (E) advertisements for any of the following: alcoholic beverages, contests, raffles, or sweepstakes (please obtain written permission from NexAlumni before promoting contents, raffles, or sweepstakes on NexAlumni), firearms (including "bb" guns and paintball guns) or related products, including ammunition for such firearms, gambling websites, including online casinos and sports "books", surveillance equipment, including "spy" cameras and "bugging" devices, tobacco products, or weapons of any kind.
NexAlumni may reject, refuse to publish, or remove from the NexAlumni Service any Promotion or Promoted Content at any time for any reason, including failure to comply with these Terms or if, in NexAlumni’s sole discretion, NexAlumni determines that the business model, business practice, or service promoted by the Promotion or the Promoted Conent is inappropriate or contrary to the letter or spirit of these Terms. Such prohibited business practices include chain letters, fraudulent or bad-faith "get-rich-quick" or "work from home" schemes, fraudulent or bad-faith web-based colleges or universities, fraudulent or misleading subscription services, pharmaceutical products, pyramid schemes, and sites that install malware, spyware or other software on users’ computers without their permission.

Terminations, Violations

Except as expressly provided otherwise in these Terms, you agree that NexAlumni, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the NexAlumni Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. NexAlumni may also in its sole discretion and at any time discontinue providing access to the NexAlumni Service, or any part thereof, with or without notice. You agree that any termination of your access to the NexAlumni Service or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that NexAlumni will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies NexAlumni may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the NexAlumni Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the NexAlumni Service; (ii) any term of these Terms; (iii) any policy or practice of NexAlumni in operating the NexAlumni Service; or (iv) any content or information transmitted through the NexAlumni Service, is to terminate these Terms and your account.
You may cancel a Paid Service at any time by contacting us. Unused fees are non-refundable and NexAlumni reserves the right to charge your subscription fees through the end of the subscription term that you elected. If NexAlumni charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.

Consent to Electronic Communications

By registering for an NexAlumni Service account, you consent to receiving certain electronic communications regarding the NexAlumni Service from us as further described in our Privacy Policy. In addition, when you register for an account, you are automatically opted-in to receive commercial email from NexAlumni, which may include newsletters, announcements, and recommendations. You may opt-out of commercial email (but not system administration communications) at any time by following the instructions contained within the email, or by changing the notification settings from the "Account Settings" menu in your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Indemnification

You agree to indemnify NexAlumni, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the NexAlumni Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. NexAlumni reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NexAlumni, and you agree to cooperate with NexAlumni's defense of these claims. Upon notice of any impending claim, action or proceeding, NexAlumni will use reasonable efforts to notify of any indemnification obligation.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Pune.

Disclaimer of Warranties

NEXALUMNI, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXALUMNI OR THROUGH THE NEXALUMNI SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES NEXALUMNI'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE NEXALUMNI SERVICE IS AT YOUR SOLE RISK. THE NEXALUMNI SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NEXALUMNI SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. NEXALUMNI, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE NEXALUMNI SERVICE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NEXALUMNI, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NEXALUMNI SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE NEXALUMNI SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, SUCH LAWS MAY INCLUDE NEW JERSEY’S TRUTH AND CONSUMER CONTRACT WARRANTY AND NOTICE ACT.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NEXALUMNI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE NEXALUMNI SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH NEXALUMNI OR OTHER NEXALUMNI SERVICE USERS, EVEN IF NEXALUMNI OR AN NEXALUMNI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NEXALUMNI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL NEXALUMNI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE NEXALUMNI SERVICE OR YOUR INTERACTIONS WITH NEXALUMNI OR OTHER NEXALUMNI SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NEXALUMNI SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN NEXALUMNI AND RECEIVED THROUGH OR ADVERTISED ON THE NEXALUMNI SERVICE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT NEXALUMNI HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NEXALUMNI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NEXALUMNI. NEXALUMNI WOULD NOT BE ABLE TO PROVIDE THE NEXALUMNI SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED

BY CHECKING THE "I ACCEPT THE TERMS OF SERVICE" BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PORTION OF THE NEXALUMNI SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION (OR, IF THE USER IS BETWEEN 13 AND THE AGE OF MAJORITY, YOU, ARE THE LEGAL GUARDIAN OF THE USER) AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE NEXALUNI SERVICE.