Terms of Use

1. Acceptance; Scope

These Terms of Use ("Terms") are an agreement between you and CommEnder LLC, a Virginia limited liability company ("CommEnder," "we," "us"). They govern your access to and use of the website at www.commender.nexus and its subpages, and any related early-access or informational product materials we make available through it (together, the "Site"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

The NEXUS application (including app.commender.nexus, any application programming interfaces or integrations, and any dedicated or on-premise deployment) is licensed separately under the End-User License Agreement and any applicable subscription or services agreement ("Order"). If you access the application, the End-User License Agreement and the Order govern that access, and they control over these Terms to the extent of any conflict.

2. Eligibility

The Site is intended for business and professional audiences. You must be at least 18 years old to use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

3. Permitted Use; Prohibited Conduct

The Site is provided for informational purposes and for requesting access to CommEnder products and services. You agree not to: (a) use the Site in violation of any applicable law or regulation; (b) scrape, harvest, or bulk-download Site content or data, or access the Site by automated means other than ordinary public search-engine indexing; (c) interfere with or disrupt the operation, availability, or integrity of the Site; (d) probe, scan, or test the vulnerability of the Site, or circumvent any security or access control, without our prior written authorization; (e) misrepresent your identity or affiliation, or submit false or misleading information through contact or request workflows; (f) introduce malware or other harmful code; (g) misuse contact forms or request workflows, including for unsolicited commercial messages; or (h) use Site content to develop or train a competing product or dataset.

4. Accounts and Client Login

The Site links to a client login for the NEXUS application. Credentials are issued under a customer subscription and are governed by the End-User License Agreement. You are responsible for maintaining the confidentiality of credentials associated with you, for using only accounts you are authorized to use, and for promptly notifying us of any suspected unauthorized access. We may suspend or restrict access to protect the security or integrity of our systems.

5. Intellectual Property; Limited License

The Site and all content, branding, product names, logos, graphics, video, and materials on it are the property of CommEnder LLC or its licensors and are protected by intellectual-property laws. NEXUS, neXus, and CommEnder names, marks, and logos may not be used without our prior written permission. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view Site content for your internal, informational purposes. No other rights are granted, and no content may otherwise be reproduced, distributed, publicly displayed, or used without prior written permission.

6. Feedback

If you send us ideas, suggestions, or other feedback about the Site or our products, you agree that we may use it without restriction or obligation to you, and that it is not confidential.

7. Copyright Complaints

If you believe content on the Site infringes your copyright, send a notice to legal@commender.nexus that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and its location on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We will review and respond to compliant notices, including removing infringing material where appropriate.

8. Third-Party Sites and Services

The Site may contain links to third-party websites or services. We do not control and are not responsible for their content, policies, or practices, and a link does not imply endorsement. Your use of any third-party site is at your own risk and subject to that party's terms.

9. No Professional, Legal, or Safety Advice

Site content is general information about CommEnder and its products; it is not legal, regulatory, engineering, or safety advice, and it is not a substitute for advice from qualified professionals. NEXUS is a planning, workflow, and recordkeeping platform built to support customers' energy-control, maintenance, and quality programs, with program elements developed as design targets shaped by standards such as OSHA 29 CFR 1910.147 and ANSI Z244.1. It supports the qualified personnel who own those programs; it does not itself authorize procedures or replace the judgment of qualified, authorized people, an employer's energy-control program, or applicable law. Responsibility for achieving and maintaining compliance with the laws, regulations, and standards that apply to your operations remains with you and your qualified personnel, and CommEnder does not certify that compliance.

10. Disclaimer of Warranties

THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMMENDER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ITS CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMENDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. COMMENDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). CLAIMS RELATING TO THE NEXUS APPLICATION ARE GOVERNED BY THE END-USER LICENSE AGREEMENT AND APPLICABLE ORDER, NOT THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU; NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You will defend, indemnify, and hold harmless CommEnder and its members, officers, employees, and agents from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your unlawful use of the Site.

13. Suspension; Termination

We may suspend, restrict, or terminate access to the Site (in whole or in part) at any time, with or without notice, including for conduct that we reasonably believe violates these Terms or is otherwise harmful. Sections that by their nature should survive termination (including Sections 5, 6, and 9 through 16) survive.

14. Governing Law; Venue; Informal Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. Before initiating any formal proceeding, you agree to first send a written description of the dispute to legal@commender.nexus and allow thirty (30) days for good-faith resolution. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and each party consents to personal jurisdiction and venue in those courts.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last updated" date, and material changes will be indicated by a new effective date. Continued use of the Site after the stated effective date constitutes acceptance of the revised Terms.

16. Miscellaneous

These Terms, together with the Privacy Policy (and, for the NEXUS application, the End-User License Agreement and any Order), are the entire agreement between you and CommEnder regarding the Site and supersede prior understandings on that subject. If any provision is held invalid, it will be severed and the remainder will stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets. Section headings are for convenience only.

17. Contact

Questions regarding these terms may be directed to support@commender.nexus. Legal notices may be sent to legal@commender.nexus.