Version 1.0
Last revised on: June 22, 2026
The website located at https://nebex.com/ together with its subdomains and subdirectories, the “Site”, is a copyrighted work belonging to Nebex, Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use, these “Terms”, set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or the entity that you represent.
The Site is intended solely for businesses and the institutional, governmental, and professional participants Company approves for access; it is not directed to consumers. By accepting these Terms, you represent that you are accessing the Site for purposes related to a trade, business, profession, or governmental function, and not as a consumer, that you are at least 18 years old, and that you are authorized to bind the entity on whose behalf you act. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 10.2 INCLUDES AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INTERNATIONAL COMMERCIAL ARBITRATION. PLEASE READ SECTION 10.2 CAREFULLY.
THE SITE AND ANY ACCESS TO COMPANY’S PLATFORM, INCLUDING THE NEBRA EXCHANGE, MAY BE GOVERNED BY SEPARATE TERMS THAT YOU MUST ACCEPT BEFORE ACCESSING THE PLATFORM. TO THE EXTENT ANY OF THESE TERMS CONFLICTS WITH SUCH PLATFORM TERMS OR WITH ANY SEPARATELY EXECUTED AGREEMENT BETWEEN YOU AND COMPANY, OR BETWEEN YOU AND ANOTHER PLATFORM PARTICIPANT, THE PLATFORM TERMS OR EXECUTED AGREEMENT CONTROL.
Certain features of the Site — such as subscribing to updates, requesting access, or submitting an enquiry — may ask you to provide information about yourself or your organization. You represent and warrant that any information you submit is truthful, accurate, and current, and that you will maintain its accuracy.
You are responsible for any credentials associated with such features and for activity conducted through them, and you agree to notify Company promptly of any unauthorized use or suspected breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to safeguard your credentials or information. Company may decline, suspend, or terminate your access to any Site feature at any time in accordance with Section 9.
Access to Company’s platform, including the Nebra Exchange, the “Platform”, requires a separate account and is governed by the separate Platform Terms of Service and related agreements, which you must accept before accessing the Platform, collectively, the “Platform Terms”.
By accessing or using the Platform, you agree to the Platform Terms. The Platform Terms are incorporated into these Terms by reference and, to the extent they apply, govern your Platform account and your use of the Platform; in the event of any conflict between these Terms and the Platform Terms with respect to the Platform, the Platform Terms control.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your internal business purposes of evaluating and engaging with Company’s offerings, in accordance with these Terms.
The rights granted to you in these Terms are subject to the following restrictions:
Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site, or on any content displayed on the Site, must be retained on all copies thereof.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site, in whole or in part, with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
If you provide Company with any feedback or suggestions regarding the Site or the Platform, “Feedback”, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
The Site is an informational resource describing Company and its platform and services, including the Nebra Exchange. Access to any transactional functionality is subject to separate Platform Terms and applicable agreements. Company may add, change, or withdraw described features at any time.
Information on the Site is provided for general informational purposes, may not be current or complete, and should not be relied upon as the basis for any decision. Nothing on the Site is an offer, solicitation, or recommendation to enter into any transaction.
Company does not, through the Site, act as or provide the services of a broker, dealer, broker-dealer, investment adviser, exchange, alternative trading system, bank, money transmitter, lender, fiduciary, or financial, legal, tax, accounting, or investment advisor, and nothing on the Site constitutes financial, investment, legal, tax, or other professional advice. Your use of the Site does not create any advisory, fiduciary, agency, or similar relationship between you and Company.
You are solely responsible for complying with all laws, rules, and regulations applicable to your access to and use of the Site, including those governing the space, aerospace, defense, financial-services, and procurement sectors.
The Site and any related technology, data, or technical information may be subject to U.S. export control laws, including the Export Administration Regulations, EAR, and the International Traffic in Arms Regulations, ITAR, and to the export or import laws of other jurisdictions.
You agree not to access, use, export, re-export, release, or transfer the Site or any such technology or data, directly or indirectly, in violation of such laws, including to any prohibited destination, end user, or end use, or for any prohibited purpose. You are responsible for obtaining any licenses or authorizations required for your activities.
You represent and warrant that you, and any entity on whose behalf you act, are not:
You will not use the Site in connection with any dealings with such persons or jurisdictions.
You will comply with all applicable anti-corruption laws, including the U.S. Foreign Corrupt Practices Act, and anti-money-laundering laws, and will not use the Site to facilitate any unlawful payment, bribe, or money-laundering activity.
If you access the Site on behalf of a governmental body or in connection with a government procurement, you are responsible for compliance with all applicable procurement, ethics, and public-contracting rules.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Site may contain links to third-party websites and services, and/or display advertisements for third parties, collectively, “Third-Party Links & Ads”. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.
Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, including personal injuries, death, and property damage, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads.
You expressly waive any right to assert claims that you do not know or suspect to exist in your favor at the time of this release, to the fullest extent permitted by applicable law.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WE AND OUR SUPPLIERS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SITE, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO COMPANY FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE THOUSAND US DOLLARS (US $1,000).
THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site, including your access, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.
Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 3 through 10.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us, if any, and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address.
In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Site, including its existence, validity, interpretation, performance, breach, or termination, that is not resolved through good-faith negotiation within thirty (30) days of written notice shall be finally resolved by binding arbitration administered by the International Chamber of Commerce, ICC, under its Rules of Arbitration then in effect, which Rules are deemed incorporated by reference into this Section.
The arbitration shall be conducted by one (1) arbitrator; the seat of arbitration shall be New York, New York, USA; the language of the arbitration shall be English; and the governing law shall be the law of the State of New York, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. The award shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek interim, provisional, or injunctive relief from a court of competent jurisdiction, including to protect its intellectual property or confidential information, without thereby waiving the agreement to arbitrate. Each party shall bear its own costs and attorneys’ fees in the arbitration unless the tribunal orders otherwise.
These Terms, and any dispute arising out of or relating to them or the Site, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles and excluding the U.N. Convention on Contracts for the International Sale of Goods.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you:
The foregoing does not affect your non-waivable rights.
Your use of the Site is subject to Company’s Privacy Policy, available on the Site, which is incorporated into these Terms by reference. If you access the Site from outside the United States, you acknowledge that your information may be transferred to, stored in, and processed in the United States and other jurisdictions whose data-protection laws may differ from those of your jurisdiction.
These Terms, together with the Platform Terms and any separately executed agreement between you and Company, or between you and another platform participant, constitute the entire agreement between you and us regarding the subject matter of these Terms, and supersede any prior or contemporaneous understandings regarding such subject matter.
The Platform Terms and any such separately executed agreement are not superseded or merged by these Terms, and, to the extent of any conflict, the Platform Terms or such separately executed agreement shall control over these Terms with respect to their subject matter.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright © 2026 Nebex, Inc. All rights reserved. All trademarks, logos, and service marks, “Marks”, displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Nebex, Inc.
5 Penn Plaza, 19th floor
New York, New York 10001
Telephone: 2125553333
Email: legal@nebex.com