Website and Community Terms of Use
Last updated: September 28, 2024
Please read these terms of use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions and a clause that sets forth governing law, jurisdiction, and venue for disputes.
Description of Services
These Site Terms (the “Terms”) apply to your use of and access to the websites of Nintex Global Ltd. and its affiliates (collectively “Nintex”), including www.nintex.com and any website linked to www.nintex.com that is owned, controlled, or otherwise provisioned by Nintex, including without limitation www.assuresign.net. Notwithstanding the foregoing, the access to or use of Nintex subscription-based online services and applications is governed by the agreement established between the parties for such use and access. Please read these Terms carefully because they are a binding agreement between you, a visitor to the Site, and Nintex. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Nintex may, in its sole discretion, modify these Terms at any time. Any updated version will become effective when posted. By continuing to use the Site after these Terms have changed, you are agreeing to the revised Terms. If you do not agree to the changes, you must stop accessing, using, or, as applicable, logging in to the Site.
1. USE OF SITE.
In accordance with these Terms, and unless you have a separate agreement with Nintex regarding your use of the Site, you may access and use the Site and all information, text, graphics, images, videos, documents, templates, content, and other materials made available on or through the Site (“Site Content”) solely for Non-Commercial Personal Purposes or to learn about Nintex products and services. “Non-Commercial Personal Purposes” means any use or activity for which (1) a fee is not charged, (2) the purpose of the use is not the sale of a good or service, (3) the use or activity is not intended to produce a profit, and (4) the use does not directly or indirectly suggest or imply any endorsement by or partnership with Nintex.
By accessing or using the Site, you agree that you: (1) are at least 18 years old; (2) will comply with all applicable laws, rules and regulations; (3) will use the Site and Site Content in accordance with these Terms; (4) will not use the Site or Site Content in violation of the terms of Nintex’s Acceptable Use Policy; (5) will not submit to the Site any content or data that is defamatory, pornographic, threatening or offensive, that promotes discrimination or bigotry, or that infringes intellectual property rights or otherwise violates a third party’s rights; (6) will not access or use, or attempt to access or use, portions of the Site that Nintex has not authorized you to access or use; (7) will not scan, test, or probe the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (8) will not reproduce, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site (including any Site Content, software, and other materials available through the Site); (9) will not use any robot, spider, data scraping or extraction tool, or similar mechanism on the Site; (10) will not frame or mirror any portion of the Site; and (11) will not interfere or attempt to interfere in any manner with the functionality or proper working of the Site or another individual’s access to the Site.
2. PRIVACY.
Nintex’s Privacy Statement available at www.nintex.com/legal/privacy-policy/, describes how Nintex collects, uses, and processes your personal data and explains your related rights and choices. Nintex’s Privacy Statement applies to your use of the Site and is incorporated herein by this reference.
3. ACCOUNTS.
You may be required to create an account with Nintex to access or use certain areas of the Site. You must provide accurate and complete information as part of the registration process and are responsible for updating the information as necessary. You are responsible for: (1) maintaining the confidentiality of any account information, including passwords or authentication factors, you may use to access the Site; and (2) all interactions with the Site that occur in connection with your account. You agree to notify Nintex immediately of any unauthorized use of your account information or any other breach of security related to your account or the Site. Nintex may suspend or terminate your account and prohibit all current or future use by you of the Site or any portion thereof if Nintex believes that your information is inaccurate or incomplete or that you have violated these Terms, or for any or no reason, without notice or liability of any kind.
4. PROPRIETARY RIGHTS.
4.1 Content on the Site. All Site Content, including the design, structure, coordination, “look and feel,” and arrangement of such Site Content, is owned, controlled, or licensed by Nintex. Site Content and elements of the Site are protected by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws. You must keep intact all copyright and other proprietary notices for the Site Content. Your use of the Site Content that discloses Site Content to a third party or general public must include appropriate ownership attribution to Nintex. Nothing contained on the Site should be construed as granting any license or right to use Nintex’s trade names, trademarks, or service marks without Nintex’s prior written consent.
4.2 Content You Submit to the Site. You are solely responsible for any text, images, photos, audio, video, data, and communications that you submit to Site (collectively, “Your Content”), including, but not limited to, Nintex Community available at https://community.nintex.com. Under no circumstances will Nintex be liable in any way for Your Content, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of such content. Once published or posted, you may not be able to delete or remove it. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure that identifies you personally or exposes your confidential information. Nintex may not pre-screen or review Your Content, but Nintex reserves the right to reject or delete Your Content in its discretion. You may not imply that Your Content is in any way sponsored or endorsed by Nintex. As between you and Nintex, you own Your Content. You represent that you have the necessary rights and permissions to give Nintex the right to process Your Content in accordance with these Terms. You grant Nintex a worldwide, perpetual, non-exclusive, royalty-free, transferable right to process Your Content for any legitimate business purpose, including by displaying, publishing, distributing, reproducing, or making it (or portions of it) available on publicly available pages of the Site or incorporating it into Nintex’s products and services. You hereby waive, against Nintex and other users of the Site, any claims and assertions of moral rights, attribution, or compensation with respect to Your Content. Nintex has no obligation to retain or provide you with copies of Your Content, nor does Nintex guarantee any confidentiality with respect to Your Content.
4.3 Unreleased or Non-GA Services. Nintex may make information regarding unreleased products or services (including any related features) available on the Site (including Nintex Community) from time to time. Any such unreleased products or services may not be made available on any proposed timelines or even at all, regardless of any statements or commitments made by Nintex or its representatives. You hereby acknowledge and agree that any decision to purchase, use, or rely on any Nintex product or service will be based on the then-existing generally available version and features of such product or service as described in the current documentation, and not on any unreleased or expected version or features.
4.4 Content posted by others. Nintex is not responsible for, and does not pre-screen or endorse, content posted by any other individual. Accordingly, Nintex is not liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another Site user.
5. INTELLECTUAL PROPERTY
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, including the compilation thereof (meaning the collection, arrangement, and assembly), is copyright protected and, except as expressly provided herein or otherwise stated in the Services, its use is for your own personal references only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or in part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Nintex. You may not use any part of the material on the Services to establish, maintain, or provide, or assist in establishing, maintaining, or providing your own publications, Internet site, or other means of distribution.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to a Service Provider’s Designated Agent. All inquires not relevant to the following procedure will not receive a response.
If you believe that your copyrighted material is posted on any of the Services without your permission, contact our Copyright Agent with the following information:
Your mailing address, telephone number, and your e-mail address;
A description of the copyrighted work that you believe is infringed;
A description of the material on the Services that you believe to be infringing your copyrighted work and its location, with enough detail so that we are able to locate it on the Services;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
Your physical or electronic signature.
Our Copyright Agent can be reached at:
Sarah Visbeek
General Counsel
Nintex
411 108th Ave NE, 6th Fl
Bellevue, WA 98004
E: nintex.legal@nintex.com
T: +1 (425) 324 2400
F: +1 (425) 458 0105
There are legal consequences for filing a fraudulent or bad faith copyright take-down notice or counter-notice. Ensure all information to which you are attesting is accurate before submitting it to our Copyright Agent.
6. THIRD-PARTY SITES.
This Site may include links to websites owned, controlled, or otherwise provisioned by third parties (“Third-Party Sites”). Such Third-Party Sites are not under Nintex’s ownership or control, and Nintex is not responsible for the content or your use of such Third-Party Sites, including any information or materials contained therein. Additionally, the Site may include social media features and widgets (“widgets”), such as a “share this” button or other interactive mini-programs. Widgets can be used to provide you specific services from other companies (e.g., displaying the news, opinions, music, etc.). Widgets displayed on the Site are not provisioned by Nintex, and are therefore subject to the policies, terms, and conditions of the third-party providing the widget. You are solely responsible for reviewing the terms and conditions of any such Third-Party Sites on which you share Your Content.
7. GEOGRAPHIC RESTRICTIONS.
Nintex, the owner and controller of the Site, is headquartered in the State of Washington in the United States. You are responsible for securing, using, and monitoring an internet connection, which may include a VPN, that is compliant with laws and regulations of the jurisdiction from which you access the Site. You may not access the Site or use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services or accessed the Site, and any other applicable laws. In particular, but without limitation, the Nintex Services may not be exported or re-exported: (a) to any country or territory that is the subject of an embargo by the United States Government (e.g., Cuba, Iran, North Korea, Sudan, Syria, and the Crimea); or (b) to any individual or entity on a U.S. Government list of prohibited or restricted parties, including, but not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You are solely responsible for compliance with all applicable laws, and you will not use the contents of the Site or the Services for any purposes prohibited by U.S. or other applicable laws.
8. DISCLAIMER.
YOUR USE OF THE SITE, SITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, SITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, NEITHER NINTEX NOR ANYONE ASSOCIATED WITH NINTEX REPRESENTS OR WARRANTS THAT THE SITE, SITE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE 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.
NINTEX MAY, IN ITS SOLE DISCRETION, MODIFY, UPDATE, SUSPEND OR DISCONTINUE THE SITE OR ANY PORTION THEREOF, INCLUDING SITE CONTENT, AT ANY TIME AND WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY SUCH MODIFICATION, UPDATE, SUSPENSION, OR DISCONTINUATION.
9. INDEMNITY.
You agree to indemnify, defend, and hold Nintex, its directors, officers, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Nintex arising out of or in connection with: (1) your violation of the Terms; (2) your use of the Site or the Site Content; (3) Your Content; or (4) your infringement or violation, or the infringement or violation by any third party using your account, of any intellectual property or proprietary right of any person or entity. Nintex reserves the right, at your expense, to assume the defense and control of any claim for which you are required to indemnify Nintex, and you agree to cooperate with Nintex’s defense of these claims. You agree not to settle any such matter without Nintex’s prior written consent. Nintex will notify you of any such claim, action, or proceeding within a reasonable time period after becoming aware of it.
10. LIABILITY.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL NINTEX BE LIABLE FOR ANY LOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SITE CONTENT, EVEN IF NINTEX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, NINTEX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR SITE CONTENT, NINTEX’S ENTIRE LIABILITY SHALL NOT EXCEED $100.00.
11. SERVICE UPDATES
The Services may need updating from time to time. These updates may temporarily disrupt use of the Services and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
12. ADDITIONAL TERMS
These Terms are governed by the laws of the State of Washington. You agree that the exclusive jurisdiction for any claim or dispute under these Terms resides in the courts located in Seattle, Washington, and you further agree to submit to the personal jurisdiction of such courts for the purpose of litigating or otherwise resolving such claim or action. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nintex as a result of these terms or use of the Services. You further agree that the Terms create no third party beneficiary rights that are not expressly included.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Nintex with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nintex with respect to the Services.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these terms and all related documents be drawn up in English.
Download the Nintex Terms of Use:
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