Terms & Conditions
Last Updated: May 11, 2018
Please read these Legal Terms and Conditions (the “Terms and Conditions”) before using this Website.
By accessing this Website, you agree to these Terms and Conditions. Nuclean Services reserve the right to change these Terms and Conditions, and the products, services, and programs mentioned in this Website at any time, at its sole discretion, without notice. Nuclean Services reserve the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions. Any rights not expressly granted herein are reserved.
- SCPYRIGHT NOTICE
All the information and material contained in this Website and the Nuclean Services software is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Nuclean Services or its owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of Nuclean Services or its owners. Any use of these trademarks by any party other than Nuclean Services or its owners is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website or Nuclean Services
- EXTERNAL LINKS
This Website may contain links to third party websites on the Internet that are not under the control of Nuclean Services and Nuclean Services makes no representation as to their content. Nuclean Services is not responsible for the content or availability of any linked third party websites and use or reliance on any links and the content thereon provided is at your own risk. When visiting links to any third parties, you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Nuclean Services
This Website is distributed internationally and may contain references to products and services that have not been released in your country. Although distributed internationally, these references do not guarantee that Nuclean Services intends to release those products and services in your particular country.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Nuclean Services, ALL INFORMATION AND SOFTSCRE ON THIS WEBSITE (“WEBSITE SCNTENT”) ARE PROVIDED “AS IS” AND USE OF ANY WEBSITE SCNTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE SCNTENT AND AGREE NOT TO USE THE WEBSITE SCNTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS SCULD OCCUR.
THE WEBSITE, PRODUCTS, SERVICES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT SCRRANTY OF ANY KIND AND Nuclean Services EXPRESSLY DISCLAIMS ALL SCRRANTIES AND/OR SCNDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED SCRRANTIES AND/OR SCNDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, UNAUTHORIZED SECURITY BREACHES, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Nuclean Services DOES NOT SCRRANT INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE WEBSITE SCNTENT, THAT THE FUNCTIONS SCNTAINED IN THE WEBSITE SCNTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE SCNTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR SECURITY BREACH FREE, OR THAT DEFECTS IN THE WEBSITE SCNTENT WILL BE SCRRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE SCNTENT IS ASSUMED BY YOU. FURTHERMORE, Nuclean Services DOES NOT SCRRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEBSITE SCNTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR SCRRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Nuclean Services OR Nuclean Services’S AUTHORIZED REPRESENTATIVES SHALL CREATE A SCRRANTY OF ANY KIND. SHOULD THE WEBSITE SCNTENT PROVE DEFECTIVE, YOU (AND NOT Nuclean Services OR Nuclean Services’S AUTHORIZED REPRESENTATIVES) ASSUME THE ENTIRE SCST OF ALL NECESSARY SERVICING, REPAIR, OR SCRRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED SCRRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Nuclean Services, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SCNSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES OR LIABILITY FOR ANY LOSS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE OF ASSETS, LOSS OF SCNTRACTS, INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, WHATSOEVER) ARISING OUT OF, IN SCNNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE SCNTENT OR YOUR USE OF THE WEBSITE, OF OR RELATING TO ANY AND ALL INFORMATION PROVIDED BY YOU, PERSONAL OR OTHERWISE, TO Nuclean Services, OF OR RELATING TO ANY UNAUTHORIZED SECURITY BREACHES, YOUR RELIANCE ON THE WEBSITE SCNTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE SCNTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF SCNTRACT, SCRRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, SCNCURRENT, ACTIVE, OR PASSIVE), PRE-EXISTING SCNDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF Nuclean Services OR Nuclean Services’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR SCNSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO BEAR ALL SCSTS RESULTING FROM THE USE OF THE WEBSITE SCNTENT. Nuclean Services ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE SCNTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
This Website could include technical or other inaccuracies. Nuclean Services may make changes to material and information on this Website at any time and without prior notice. HOWEVER, Nuclean Services MAKES NO SCMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE.
- USE OF THE WEBSITE
Nuclean Services does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Nuclean Services that you are legally entitled to do so and to make use of information made available via the Website.
- USER REGISTRATION
You may provide Nuclean Services the following information to create an account: full name (your legal surname, if an individual) or full name of legal entity, email address, telephone number, and any other information required by Nuclean Services You represent and warrant that this information is true and accurate.
- SCNSENT TO Nuclean Services PROCESSING INFORMATION ABOUT YOU
The information You provide to Nuclean Services may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to Nuclean Services for the purposes of creating your user account or adding any additional details of yourself in the Website, You are expressly and voluntarily accepting these Terms and Conditions and explicitly consenting to allow Nuclean Services to process information about You. Supplying information to Nuclean Services, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to Nuclean Services’s collection and processing of your information at any time, by removing the information from the Website or by closing your account, but please note that your withdrawal of consent will not be retroactive.
11.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Nuclean Services in relation, or with respect, to the subject matter herein and supersede any and all prior or contemporaneous understandings, representations, or agreements, whether written or oral. Except as expressly set forth herein, neither you nor Nuclean Services shall be bound by any express or implied representations, warranties, promises, covenants, agreements, or the like not recorded herein.
11.2 Updates, Changes, or Alteration
Nuclean Services reserves the right to change these Terms and Conditions at any time, at its sole discretion, without notice. When Nuclean Services updates or changes this document, Nuclean Services shall also revise the “Last Updated” date at the top of this document. Your continued use of the Website constitutes your agreement to this Legal Terms and Conditions and any updates. You shall be responsible for reviewing the then current version each time you visit the Website to stay informed about these Terms and Conditions and your use of the Nuclean Services Website.
In the event of any conflicts or contradictions between these Terms and Conditions and any other terms and conditions, policies or notices relating to the subject matter herein, these Terms and Conditions shall prevail.
No indulgence or extension of time which either you or Nuclean Services may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Nuclean Services shall be entitled to cede, assign and delegate all or any of its rights and obligations in any of these Terms and Conditions to any third party.
The language of all parts of these Terms and Conditions shall in all cases be construed as a whole, according to its fair meaning. In the event that a court of competent jurisdiction deems any provision of these Terms and Conditions to be unreasonable, invalid, void, or unenforceable, for any reason and to any extent, such provision(s) shall be modified in such a manner so as to be valid and fully enforceable to the maximum extent permitted by law. Those provisions found unreasonable, invalid, void or unenforceable shall not affect the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable according to its or their terms.
11.7 GOVERNING LAW, DISPUTES AND JURISDICTION
You agree that all matters relating to your access to, or use of, this Website shall be governed by, construed, and enforced in accordance with the laws of the State of South Carolina, without regard to its choice or conflict of law rules or provisions.
All claims, disputes, controversies, differences or misunderstandings of any kind between the parties hereto arising under, out of, or in connection with these Terms and Conditions, including the existence or continued existence of these Terms and Conditions and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration by the American Arbitration Association (AAA), to take place in South Carolina Beach, South Carolina, or as otherwise mutually agreed to by the parties. The arbitration shall finally be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above-mentioned rules. The decision of the arbitration tribunal shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.
Notwithstanding anything to the contrary in this Section 11.7, either party may use a court of competent jurisdiction (a) to enforce an arbitration award, (b) to seek temporary equitable relief to protect its interests or (c) to avoid the barring of the claim under the applicable statute of limitations; provided, however, that irrespective of the filing of any such request for judicial relief the party shall continue to participate in the dispute resolution proceedings required by this Section. In any such judicial action, each of the parties consents to the exclusive personal and subject matter jurisdiction of the Federal or state courts for South Carolina, South Carolina AND IRREVOCABLY SCIVES ANY RIGHT TO TRIAL BY JURY.
Nuclean Services makes no representation that information on this Website is appropriate or available for use outside of the United States or in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.
11.8 Contact Information, Comments, or Questions
Nuclean Services welcomes your comments regarding these Terms and Conditions. If you have any questions or comments regarding these Terms and Conditions, please contact us via postal mail at the address provided below and Nuclean Services shall use commercially reasonable efforts to promptly respond:
Florence, SC 80528
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