Terms and Conditions of Use for Nascency
Effective Date: 4/28/2025
1. Acceptance of Terms
Welcome to the website of Nascency, LLC d/b/a Nascency ("Nascency," "we," "us," or "our"). By accessing, browsing, or using our website located at nascency.com (the "Site"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions of Use ("Terms").
If you do not agree to these Terms, you must immediately discontinue your use of the Site.
2. Changes to Terms
We reserve the right to update, change, or modify these Terms at any time without prior notice.
Changes become effective immediately upon being posted on this page. Your continued use of the Site following the posting of updated Terms constitutes your acceptance of those changes.
We encourage you to periodically review these Terms.
3. Eligibility
You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements.
4. Use of the Website
You agree to use the Site for lawful purposes only. Specifically, you agree that you will not:
- Use the Site in any manner that violates applicable local, state, national, or international laws or regulations.
- Upload, post, email, or otherwise transmit any material that is unlawful, harmful, defamatory, abusive, harassing, vulgar, obscene, or otherwise objectionable.
- Attempt to gain unauthorized access to any portion of the Site, other user accounts, or computer systems or networks connected to the Site.
- Interfere with or disrupt the operation of the Site or servers or networks used to make the Site available.
- Use any automated means, including robots, crawlers, or data mining tools, to scrape or access data from the Site.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
All content on this website, including text, graphics, logos, images, videos, and software, is the property of Nascency or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use any content from this website without our express written consent.
5. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
By using the Site, you consent to the terms of the Privacy Policy.
6. Intellectual Property Rights
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
By using the Site, you consent to the terms of the Privacy Policy.
7. Links to Third-Party Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by Nascency.
We are not responsible for the content, policies, or practices of any third-party websites or services.
Accessing any third-party sites is done at your own risk and subject to their terms and policies.
We recommend you review the privacy and terms policies of all third-party websites you visit.
8. Disclaimer of Warranties
TTHE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not guarantee that the Site will be available, uninterrupted, secure, or error-free.
We do not warrant the accuracy, completeness, or usefulness of any information on the Site.
Your use of the Site and reliance on any information obtained through the Site is solely at your own risk.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NASCENCY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT THEREIN.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
10. Indemnification
You agree to indemnify, defend, and hold harmless Nascency, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Site;
- Your violation of any third-party rights, including intellectual property rights or privacy rights.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in San Diego County, California, and you hereby consent to the jurisdiction and venue of such courts.
12. Termination
We reserve the right, without notice and at our sole discretion, to terminate or suspend your right to use the Site at any time and for any reason, including for violation of these Terms.
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Miscellaneous
- Entire Agreement: These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nascency regarding your use of the Site.
- No Waiver: Our failure to enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
14. Contact Us
If you have any questions, comments, or concerns about these Terms, please contact us:
Nascency, LLC d/b/a Nascency
111 C Street, Suite 108, Encinitas, CA 92011