Terms and conditions

General Terms and Conditions

This Mobile App End User License Agreement and Terms of Use ("Agreement") is a binding agreement between you ("End User" or "you") and ICTLL1, LLC d/b/a Learning Lab Wichita ("Company" or “Lab”). This Agreement governs your use of our website and/or application, Nexudus on golearninglab.org [on Nexudus.com], (including all related documentation, the “Site” or "App"). Access to the App is provided/ licensed, not sold, to you, and only as necessary for you to visit the Lab.

BY DOWNLOADING, INSTALLING AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THE AGREEMENT TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, VISIT, OR USE THE APP.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, revocable, non-exclusive, and nontransferable license to: (A) download, install, and/or use the App for your personal, non-commercial, or, if authorized by the Lab, other use, on device(s) owned by you (each, "Device") strictly in accordance with the App's documentation, this Agreement, and the Privacy Policy, if applicable; and (B) access on such Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Privacy Policy, if applicable.

License Restrictions. Unless expressly authorized by us in writing, you shall not:

• copy the App or any part thereof;
• modify, adapt, or otherwise create derivative works or improvements of the App;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
• remove, delete, alter, or obscure any trademark, copyright, confidentiality, or other notices;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available or share the App, its content, or its services, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
• use any content or services provided through the App (such as another user’s contact information) that may have been copied or otherwise made accessible in another manner, after your access to the App ends.

Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company and/or its service providers may use manual or automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions. We are based in the State of Kansas in the United States and the App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the App outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.

Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet: (a) the App may automatically download and install all available Updates; and/ or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

Third-Party Materials. The App may display, include, or make available third-party content (including data, confidential contact, financial, or other information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination. The term of Agreement commences when you first download, install, visit, or use the App and will continue in effect until terminated by you or Company as set forth in this Section 8. You may terminate this Agreement by deleting the App and all copies thereof from your Device and by ceasing to use or visit the website version of the App. Company may terminate this Agreement at any time without notice, including if it ceases to support the App or revokes your access, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, (i) all rights granted to you under this Agreement terminate; (ii) you must cease all use of the App, and (iii) you immediately shall delete all copies of the App or any content from it from your Device and account. Termination will not limit any of Company's rights or remedies at law or in equity and certain sections of this Agreement intended to survive (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, MEMBERS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OR THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from your use or misuse of the App or your breach of this Agreement, including without limitation any unauthorized use of the content you submit or access through this App.

Severability; Governing Law; Waiver; Entire Agreement. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement is governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof. This Agreement and our Privacy Policy constitute the entire agreement between us regarding the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the App.