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Terms of Use

Updated on 5/24/2018

Terms of Use takes effect on May 25, 2018.

Welcome to NitroPack.IO!

As used in these Terms of Use, "NitroPack", "us" or "we" refers to NitroPack IO, LLC. and its affiliates.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

These terms of use (“Terms”), along with NitroPack.IO’s Privacy Policy, govern your use of the NitroPack.IO Website. For the purposes of these Terms, “Website”, refers to www.nitropack.io as well as the other websites that NitroPack IO, LLC operates and that link to these Terms. If you do not agree to these Terms, you should not access or use our Website.

1. Eligibility

By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Website and (iii) that your use of the Website is in compliance with any and all applicable laws and regulations.

2. No Warranties and Disclaimers

THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NITROPACK.IO ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE NITROPACK.IO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. License Grant to NitroPack IO, LLC

By posting or publishing your content, suggestions, information, data, or comments (“Content”) to this Website, you are granting NitroPack.IO a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You will retain ownership of your Content, however, any use of your Content by NitroPack.IO may be without any compensation paid to you. By posting and publishing your Content, you represent and warrant that your Content, does 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, or libel any third-party.

4. Governing Law

This Agreement will be governed by the laws of the State of Delaware without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NitroPack.IO agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Wilmington, Delaware for the purpose of litigating all such disputes.

5. Termination

If you no longer wish to have a registered account, you may terminate your account by sending an email to dpo@nitropack.io. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using NitroPack.IO. Continued use of the NitroPack.IO indicates your continued acceptance of these terms and conditions. If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of NitroPack.IO immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

6. Indemnity

You agree that you will be responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless NitroPack.IO and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

7. Changes to this Agreement

NitroPack.IO reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Website.

8. Limitation of Liability

IN NO EVENT WILL THE NITROPACK.IO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NITROPACK.IO HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Privacy Policy and Data Protection

You can learn more on how we manage your data in the NitroPack.IO Privacy Policy page.

10. Uptime

We provide 99.9% uptime of our service per year during which it is expected to be operational. The 0.1% downtime equals to 8 hours, 45 minutes and 36 seconds per year. This may be planned or unplanned time when the service is expected to be non-operational.

11. Acceptable use

Our service is aimed at optimizing website content and resources at our customers own use within the service plan limits. We keep our right to stop providing our service AND/OR overcharge customers in cases where the acceptable limits have been passed.

12. Payments

Payments that occur via NitroPack.IO and the platforms Magento, WordPress, OpenCart, WooCommerce, Sitefinity, PrestaShop are handled via Square, Inc. Any plan that you purchase via us will automatically renew unless you cancel your plan.

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