TERMS OF USE AGREEMENT

  • 1. USE OF THIS SITE

    This Terms of Use Agreement (“Agreement”) applies to your access to and use of the websites and other online products and services (collectively, our “Services”), provided by NomadX, Inc. and its subsidiaries (“NomadX”, "Company", "us", “we”), including nomadx.us and explorevanx.com. Using these web sites indicate that you accept this Agreement. If you do not accept this Agreement, do not use these web sites. This Agreement and the Privacy Policy in their entirety make up the only agreement between us and you, and supersedes all other agreements, representations, and understandings with respect to this Site, the content, products or services provided by or through this Site, and the subject matter of this Agreement. The information and features included in this Site are for information purposes and have been compiled from a variety of sources. The information on this Site is provided "AS IS and is subject to change at any time without notice. By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. This Site and its Services may be removed at any time for maintenance and may experience periods of interruption or poor performance. Your web browser or other software may not be compatible with our Site and Services.

    Occasionally, we may ask you to accept additional terms that apply to specific features, promotions, or services (“Additional Terms”). The Additional Terms, if in conflict with this Agreement, govern with respect to your access to or use of the applicable feature, product or service.

    You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to this Agreement and assume all responsibility for use of the Site and Services.

  • 2. COPYRIGHT AND TRADEMARKS

    The content; information; creative organization/compilation of public content and public facts (that is the arrangement of businesses, websites, and web applications in groupings based on Builders, Loans, Insurance, DIY, Rentals, Aftermarket, Social Hub, Camping and Service, and sorting those businesses based on company features, verified businesses, market focus, and location); graphics; designs; and other materials (referred to collectively as "Materials") used on this Site are owned by the Company, its affiliates, partners and others. These Materials are protected by law and include but are not limited to the creative organization/compilation of our directories and public information, text, articles, opinions, guides, photographs, illustrations, images, as well as the trademarks, logos, domain names, service marks, and any other forms of intellectual property.

    Ownership rights to any Materials viewed on this site can only be acquired with express written permission by us or by the owners. Viewing the Materials posted on this Site does not grant you any license to the Materials beyond viewing the materials for your personal information and education. All rights to the Materials are expressly reserved.

  • 3. THIRD PARTY AND AFFILIATED WEB SITES

    We have no liability for any third-party websites or materials, including advertisers. We have no control over the performance and content of these sites and we make no guarantees or representations about the information, products, results, or services provided by these sites. We assume no responsibility for any inaccurate content, unlawful content, privacy policies, or any other policy or practice of third party or affiliated websites. A third party or affiliate link is for your convenience and should not be viewed as an endorsement or recommendation of the linked site or its content unless expressly stated. When you access any of the third-party sites you do so at your own risk.

    We make no representations or warranties to the security of any information, including information that you might be requested to give any third-party web site. The Company is not responsible for any order, entry, fulfillment, payment processing, shipping, cancellations, returns or customer service concerning orders of products or services from web sites owned or operated by any third party.

  • 4. USER CONTENT

    Our Services may allow you and other users to create, post, store or share content, including messages, text, reviews, photos, videos, audio and other materials (referred to collectively as "User Content"). You retain all rights in and to your User Content and you grant NomadX, Inc. a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. We have no obligation to monitor, screen, or edit User Content and we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted here.

  • 5. PROHIBITED CONDUCT

    You are solely responsible for your conduct while using our Site and Services and you agree that you will not violate any applicable law, contract, intellectual property or other third-party right. You will not:

    • Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
    • Use or attempt to use another user’s account without authorization from that user;
    • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
    • Develop or use any applications that interact with our Services without our prior written consent;
    • Use any data mining, robots or other data gathering or extraction methods in connection with the Services;
    • Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
    • Use our Services in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.
  • 6. PROHIBITED CONTENT

    You may not create, post, store or share any User Content that:

    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
    • Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
    • Impersonates, or misrepresents your affiliation with, any person or entity;
    • Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
    • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
    • Contains any private or personal information of a third party without that third party’s consent;
    • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
    • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Backcountry or others to any harm or liability of any type.
  • 7. HYPERLINKS

    You may create a text hyperlink to our Services for noncommercial purposes so long as the link does not portray the Company or any of its services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Limited permission may be revoked at any time. You will not use the NomadX, Inc or VanX logos or other proprietary graphic of the company to link to our Services without our express written permission.

  • 8. FEEDBACK

    Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about the Company or our Services is non-confidential. We will be entitled to the unrestricted use and dissemination of this feedback for any purpose without acknowledgment or compensation to you.

  • 9. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless the company, its affiliates, and their respective officers, directors, employees, agents and representatives from and against any and all liability and costs (including, without limitation, attorneys' fees) incurred by them in connection with any claim, threatened claim, damages, or other loss arising out of your breach of these terms of use or the representations, warranties and covenants contained herein or a claim by a third party that is based on your use of this site and/or your use of the material in violation of these terms or for infringement of any intellectual property rights. You will cooperate as fully as reasonably required in defense of any such claim. The company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the company.

  • 10. COMMENTS AND INQUIRIES

    Our response to inquiries are for information and educational purposes only and should not be considered advice of any type.

  • 11. NOTICES AND COMPLAINTS

    If you believe that anything on our Services infringes any copyright that you own or control, you may notify the Company per the instructions below.

    Communications made through this Site or the Site's e-mail or messaging system do not in any way constitute legal notice to the Company or any of its officers, employee agents or representatives where notice to the Company is required by contracts or other laws and regulations.

    All legal notices should be directed to our corporate address:

    Nomadx, Inc.

    c/o Jason McNamara

    1827 N. Vulcan Ave, Unit 1

    Encinitas, CA 92024

  • 12. PRIVACY POLICY

    Our current and complete Privacy Policy can be found by clicking here. The Company's privacy policy is incorporated into this Agreement by this reference.

  • 13. MODIFICATION OF TERMS

    We reserve the right to revise this Agreement at any time by updating this posting. Your use of the Site constitutes your agreement to any revisions. Please visit this page from time to time to review the Agreement.

  • 14. SEVERABILITY/WAIVER

    If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

  • 15. ACKNOWLEDGEMENT

    By accessing or using the information or services available through this site, you acknowledge that you have read and are bound by this agreement.