Nullai is a web design and development studio run by Kevin Dees.

Terms of Service

Last Updated March 31, 2020

Nullai, LLC (“Nullai,” “we,” “us,” or “our”) is pleased to offer https://www.nullai.com, https://kevdees.com, and all associated subdomains (our “Websites”) to provide users (“you,” “your”) with information about, and access to, kevdees.com.

Please read these Terms carefully, as they constitute a legally binding contract between you and us. By visiting our Websites or using the Services, you are agreeing to be bound by these Terms. If you are visiting our Websites or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your Account to these Terms. 

Privacy Policy

We value your privacy. To understand how we collect, use, and disclose your personal information, please review our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms.

Security

We maintain commercially reasonable administrative, technical, and physical procedures to protect your information from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat such measures or use your personal information for improper purposes. You acknowledge that you provide information at your own risk.

Availability & Accuracy

We will use our best efforts to ensure 24-hour, daily availability of our Websites and the Services. However, from time to time our Websites and the Services may be unavailable due to scheduled maintenance, service upgrades, or unscheduled interruptions of service.

We will use our best efforts to ensure the accuracy of information accessible through our Websites. However, such information is provided “as is” and without warranty or guaranty of any kind, express or implied.

Intellectual Property Rights

“Nullai” and “kevdees.com,” and any other names, logos, domain names, and other distinctive brand features, are protected by copyright, trademark, and other laws. Nothing in these Terms grants you a right or license to use any registered or unregistered trademark, design right, or copyright owned or controlled by us or by any third party.

All content published on our Websites, including imagery and documentation, is the property of Nullai. Content from our Websites shall not be used or exploited for any purpose without our prior written consent.

You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements of our Websites.

We have no responsibility to you or any third party for any content you submit, post, transmit, or display on or through our Websites or the Services, including any online discussion forum or chat room. You are responsible for ensuring that any content you submit is not provided in violation of any copyright, trade secret, or other intellectual property right of any person or entity. You shall be solely liable for any infringement or violation of copyright, trade secret, or other intellectual property right, or any other harm or damage arising from or related to any content you submit.

By submitting, posting or displaying content on or through our Websites or the Services, including any online discussion forum or chat room, you grant Nullai a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods now known or later developed.

Customer Service

You are solely responsible for all customer service issues relating to your clients or to any goods, services, or donations you offer, including pricing, order fulfillment, order cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.

Support

While we will do our best to respond quickly, no representations or guarantees are made regarding the response time for e-mail support questions. We do not provide direct phone support at this time.

Third–Party Services

We use trusted third-party vendors to provide products and services needed to operate our Websites and provide the Services. We reserve the right to change vendors at any time. We are not responsible for any interruptions or unavailability of our Websites or Services caused by third-party vendors or their integration with our Websites or the Services.

Our Websites may include or offer third-party products or services or link to third-party websites. Any such third-party products, services, or websites have separate and independent terms of service and privacy policies. We have no control over or responsibility for the content and activities of these third parties.

Permissible Use

As a condition of your access to our Websites and your use of kevdees.com, you agree that you will not, either directly or indirectly, do any of the following:

  • Infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property right of us or of any other person or entity;
  • Violate any contractual duty or any national, state or provincial, local, or other law or regulation, or any order of a court or other competent tribunal;
  • Post or transmit any content that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, inflammatory, invasive of another’s privacy, tortious, obscene, offensive, or profane, or that constitutes or encourages conduct that may give rise to criminal or civil liability;
  • Upload, install, or deploy any software, virus, malware, code, file, or program designed or intended to disrupt, damage, limit, or interfere with the proper functioning of our Websites or the Services, or that enables or results in any unauthorized access to or acquisition of any system, data, password, or other information;
  • Interfere, or attempt to interfere, with the proper functioning of our Websites, the Services, or any activities conducted using the Services;
  • Impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our or our vendors’ infrastructure;
  • Bypass or attempt to bypass any measures we may use to prevent or restrict access to our Websites or the Services, or any accounts, computer systems or networks connected to the Services;
  • Run any form of auto-responder or “spam” on our Websites or the Services;
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of our Websites;
  • Disable or remove any of the features or design of our Websites;
  • Share, tweet, post or show any content accessed through any logged-in Account, including your own, or any other content that is hidden from non-subscribers, including kevdees.com videos, forums, tutorials, and documentation.
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our Websites, except to the limited extent applicable laws specifically prohibit such restriction; or
  • Modify, translate, or otherwise create derivative works of any part of our Websites.

Termination

You have the right to terminate this agreement at any time by closing your Account and, if applicable, cancelling your subscription. We have the right to terminate this agreement, close your Account, and, if applicable, cancel your subscription for any violation of these Terms.

No Warranty

OUR WEBSITES AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. All express or implied warranties, including without limitation implied warranties of title, merchantability, performance, fitness for a particular purpose, and non-infringement, are expressly disclaimed except where prohibited by law. No advice or information we provide, whether oral or written, shall create any warranty.

Limitation of Liability

USE OF OUR WEBSITES AND THE SERVICES IS AT YOUR OWN RISK. We cannot and do not guarantee or warrant our websites or the services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our websites and the services for reconstruction of any lost data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nullai AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO OUR WEBSITES OR THE SERVICES.

Indemnification

You agree to indemnify and hold harmless Nullai and its affiliates, subsidiaries, officers, directors, agents, and employees from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Websites or the Services.

Force Majeure

No party will be liable for any nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, declared state of emergency, widespread outbreak of disease, including any declared epidemic or pandemic, acts of God, or other causes over which the nonperforming party has no reasonable control.

Nonwaiver/Severability

Any failure by us to enforce or assert our rights under any provision in these Terms shall not constitute a waiver or our right to enforce or assert rights under that provision or any other provision of these Terms.

If any provision of these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Choice of Law and Venue

All matters arising from or relating to our Websites, the Services, or these Terms, including any dispute or claim, shall be governed by the law of the state of South Carolina without giving effect to any choice- or conflict-of-law provision or rule.

These Terms shall be interpreted in accordance with the laws of South Carolina, without giving effect to provisions as to the conflicts of laws. Any disputes *648 relating in any way to these Terms will be resolved in a state or federal court located in South Carolina, which court will have exclusive jurisdiction and venue over such dispute.

Effective Date/Modification

These Terms are effective as of the “last updated” date, above. We reserve the right to modify these Terms at our discretion and without notice by posting the changes here. We also reserve the right to impose limits on certain features of our Websites and the Services or to restrict your access to parts or all of our Websites or Services without notice or liability. We encourage you to visit this page periodically in order to remain informed of any changes. Changes to these Terms will be effective as of the date they are posted to this page.

Contacting Us

If you have any questions or concerns regarding these Terms, please contact us as follows:

Terms of Service Inquiry

Nullai, LLC

2123 Old Spartanburg Rd PMB 305

Greer, SC 29650

kevin@nullai.com