Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the nearcontact.com website (the "Service") operated by Near Contact Inc. ("Near Contact," "we," "us," or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service. These Terms constitute a legally binding agreement between you and Near Contact Inc.

2. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Use the Service to transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate Near Contact, a Near Contact employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service

3. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Near Contact Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Near Contact Inc.

4. User Content

By submitting content through our contact forms, email, or other communication channels, you grant Near Contact Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for the purpose of providing our services and responding to your inquiries.

5. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Near Contact Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Near Contact Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

6. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Near Contact Inc. makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, or products included on the Service. You expressly agree that your use of the Service is at your sole risk.

To the full extent permissible by applicable law, Near Contact Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

7. Limitation of Liability

In no event shall Near Contact Inc., its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

8. Indemnification

You agree to defend, indemnify, and hold harmless Near Contact Inc. and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or your violation of these Terms.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Near Contact Inc.
8127 Mesa Drive
Austin, TX 78759
United States

Email: marketing@nearcontact.com
Phone: +1 (512) 853-9472