Last Updated: September 9, 2020
Your failure to cancel your Subscription or Account, or cease to use the Service affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Service. Nowsite shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall Nowsite have any obligation to prorate any fees in such circumstances.
The information given on the Website may be modified by Nowsite without prior notification.
The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms.
Scope of this agreement
The Service is governed solely by this Agreement and other documents which may be executed by the Parties in this regard.
In order to use the Service, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Be physically located in or are a resident of the State or Country you have chosen as your current residency when creating your Account.
- Complete the account registration process
- Agree to these Terms;
- Provide true, complete, and up-to-date contact and billing information;
- not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
- not be listed on any U.S. government list of prohibited or restricted persons.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Providers you access are relying upon this certification in order to interact with you and provide the Services. Note that by representing and warranting, you are making a legally enforceable promise. You have access to and may become familiar with the Terms directly on the Website. These Terms may be altered at any point in time, at the discretion of Nowsite. Enforceable terms and conditions consist of those published on the Website, binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms.
Nowsite may refuse service, close accounts of any Members, and change eligibility requirements at any time.
- Site Content
Nothing on the Nowsite Service, including the guidance and advice you receive directly from your Provider, the other educational, graphics, research sources and other incidental information on the Site, or the Content, should be considered medical advice. You should always talk to an appropriately qualified health professional. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Nowsite does not endorse any specific tests, medications, products or procedures.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Nowsite, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Nowsite. Nowsite does not endorse the content on any third-party websites. Nowsite is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Nowsite does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Providers provide Services through Nowsite. Nowsite does not directly employ the Providers matched through the Service. Nowsite created a modern, digital network of Providers. Nowsite only works with independent Providers.
Your relationship with the Provider is strictly with the Provider. Nowsite is not involved in the Provider-Member relationship and does not interfere, validate or control the Provider’s service unless advocating on behalf of You when following up on a particular complaint. Nowsite offers Providers the best digital tools to provide service and conducts constant Network quality assurance checks using advanced analytical tools to study such critical issues as Provider availability, response times, and the number and duration of interactions. All that stated, You are always advised to exercise a high level of care and caution in the use of the Nowsite network of Providers as you would making any decision.
You affirmatively consent to the fact that Nowsite’s Team will, as needed, review your particular Transcripts or Session Data for the following purposes:
During your on-boarding and during the Provider matching process to ascertain you are able to successfully engage with the Provider. This access to information may be accomplished using a Nowsite on-boarding specialist and not a Provider;
To review your complaint about a particular issue/instance that you report about your Provider or about a particular language intention with your Provider;
For your safety concerns or complaints of unethical Provider practices;
To transition you to a new Provider or if your account is non-responsive or inactive for an extended period of time; or
To address raised quality assurance concern(s) that may apply to an individual Provider, a compliance issue or a network issue.
You consent to Nowsite using data and other search terms to scan only transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Providers.
Your Consent to Nowsite recording your calls to Customer Service to assure Quality Assurance.
You affirmatively grant Nowsite permission to have your Provider periodically provide non-content based assessments of your progress to Nowsite. You understand that Nowsite provides the Providers with assessment tools that serve to provide information on your progress; and that results can be seen by your Provider to discuss with you.
All data collected by Nowsite through your use of the Services remains the sole property of Nowsite. Nowsite may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Nowsite remove or delete any of such data.
You agree that the email username you provide can be used by Nowsite to send you marketing offers from Nowsite.
You acknowledge that Nowsite must store all personal data as required by law, and may not delete such records data, even upon your direct request.
When you sign up for an account and agree to these Terms, the Agreement between you and Nowsite is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Nowsite account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use Nowsite’s solutions. Nowsite shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall Nowsite have any obligation to prorate any fees in such circumstances. The information given on the said Website may be modified by Nowsite without prior notification. The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms.
- Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Nowsite is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that Nowsite does not recognize any transfer of Accounts (including transfers by operation of law) from one Member to any third party. Each customer shall be the sole holder of their own Account.
To cancel your account, you must send an email to firstname.lastname@example.org to contact our Team and receive further instructions. In order to process your cancellation request securely and ensure that you are informed of any details relating to your account changes, you will be required to complete a phone or video call with our support team. Failure to do so during our business hours (9am EST to 5pm EST) will result in no action on our part. An email stating that you wish to cancel your subscription does not constitute fulfilment of this requirement, and the cancellation will not be processed until the phone or video call with our support team has been completed.
You are liable for any subscription charges that were processed prior to completing your cancellation, and they are non-refundable. Your cancellation of a subscription will not entitle you to any refund for any charges or fees. Nowsite reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your ads, email marketing campaigns, websites and landing pages. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.’
We will give you a refund for the remainder of prepaid Services if we terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Nowsite account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Service may be automatically disabled or terminated.
In the event a Chargeback is performed, your Account may be blocked without the option to repurchase or re-use it, and any data contained in such Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 5 below).
Your use of the Service will not resume until you re-subscribe, and pay any applicable Fees in full, including any fees and expenses incurred by Nowsite and/or any Third Party Services for each Chargeback received (including Fees for Service provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Nowsite, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Service from being cancelled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Service purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the Member responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
- Loss of Data, Content and Capacity
If your User Account or any subscription related to your User Account are cancelled (whether at your request or at Nowsite’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Nowsite shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Nowsite Services following their cancellation, as determined by Nowsite in its sole discretion.
- Orders and Use of the Services
The Service is offered through a paid monthly subscription. When you sign up for an Account or Subscription on our website, you are authorizing us to immediately bill you using the credit card information that you provided, and to bill you the monthly Subscription fee each month for the duration of the Term. New subscriptions purchased on the 1st day of the month through the 25th day of the month will renew and be billed on the same day of each month thereafter. New subscriptions purchased from the 26th day of the month through the 31st day of the month will be renew and be billed on the 25th day of each month thereafter. For example, the first renewal and billing date of a subscription purchased on January 4th will be February 4th of the same year. The first renewal and billing date of a subscription purchased on January 29th will be February 25th of the same year. Subscription fees will not be prorated under these circumstances.
Orders shall be placed exclusively via the Internet on our Website. Automatic order confirmation errors may occur. Please check the automatic e-mail order confirmation for errors and inform us immediately of any discrepancies. You guarantee that all data provided during registration is true, accurate, up-to-date and complete.
Nowsite reserves the right to cancel or refuse any order from a Customer that has litigated or disputed a previous order’s payment.
You consent to receive sales invoices electronically. For each monthly subscription renewal, your electronic invoice will be accessible on the Website. For further information about electronic invoices, please contact our team at email@example.com.
At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.
Nowsite uses SSL (Secure Socket Layer) encryption technology for your transactions. Your banking information is not stored by Nowsite. Stored banking information is stored by the Payment Service Provider to bill monthly subscription renewals. Therefore, Nowsite does not have access to private banking details and credit history at any point. To prevent abuses and fraud, Nowsite only stores your address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to Nowsite or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Nowsite to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. Nowsite may require you to provide your address or other information in order to meet the Nowsite’s obligations under applicable tax law.
For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that Nowsite is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as PayPal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify Nowsite promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify Nowsite promptly if your credit card or PayPal or other payment account expires or is canceled for any reason.
If your use of the Service and purchases are subject to any type of use or sales tax, then Nowsite may also charge you for those taxes, in addition to the Subscription or other fees published in the Terms.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on account eligibility, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.
The Nowsite Providers providing service through the Platform also compensate for the use of the Nowsite technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. Nowsite does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, Nowsite does not hold itself out as your direct provider of services as that is the role of your Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Nowsite from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Nowsite with credit card information you authorize Nowsite to bill and charge your credit card.
Nowsite does not warrant, nor guarantee, that you will progress towards or reach the goals that you set through the Service. We are facilitating communication with a Provider who may be able to assist you in reaching your goal(s). Neither Nowsite nor the Provider shall in any be responsible for failure to do so. You agree that failure to reach a goal set in our Service does not constitute grounds for a refund of your Subscription payments.
- Ownership Rights
Nowsite makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, Nowsite makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
- Warranty Disclaimer and Limitations of Liability
SUBJECT TO APPLICABLE LAW, NOWSITE DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON‐ INFRINGEMENT.
FURTHER, NOWSITE DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PRODUCTS WILL MEET CUSTOMER’S OR ANY THIRD PARTY’S EXPECTATIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL NOWSITE, ANY NOWSITE LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL NOWSITE, ITS LICENSORS OR SUPPLIERS OF SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF NOWSITE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- License and user rights
Under these Terms the limited and non-exclusive right to use one (1) copy of Service delivered to you by Nowsite on a computer or laptop is granted to you. Under the terms of this contract, you are not permitted to copy, modify, or decompile any software in the Service, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. You are exclusively permitted to use the Service for their own personal use and may not pass it on, sell, transfer or lend it to a third party.
You may not use the Internet source code or any of Nowsite’s software for any purpose other than permitted by these Terms. Except as otherwise permitted under these Terms, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from Nowsite’s software without the prior consent, in writing, of Nowsite.
You are entitled to use Nowsite’s software for your own personal use, but you are not entitled to:
Nowsite grants you a limited, non-exclusive, non-transferable, non- sub licensable license to access and make personal use of Nowsite services.
In any case where a notice or another form of communication with Nowsite is to be given or made pursuant to any provision of this Agreement, such notice or communication shall be issued to Lodge Industries LLC, 7425 Woodbury Rd. Mays Landing, NJ. 08330.
Either Party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights.
- Entire Agreement
This Agreement is the entire agreement between the Parties as to the matters set forth herein and supersedes any such prior agreement or communication. Any subsequent waiver or modification of this Agreement, or any part of it, shall only be effective if reduced to writing and signed and dated by both Parties.
- Intellectual Property
The entire content of the Website (texts, illustrations and computer code) is the property of Nowsite or their co-contractors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Nowsite.
Nowsite’s trademarks and trade dress may not be used in connection with any product or service that is not provided by Nowsite, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Nowsite. All other trademarks not owned by Nowsite that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nowsite.
All intellectual property rights in and to the Products and Services, including all patent rights, copyrights, trademarks, trade secrets or other proprietary rights therein shall be and remain the sole property of Nowsite.
Personal data you provide shall not be given to any third party other than Nowsite, and Nowsite’s service providers (such as payment and delivery services).
By placing an order via the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the Service and invoice. If personal data is not provided the order shall be cancelled. Your personal data shall be used to deliver the Service, to inform you of new offers from Nowsite, and to contact you should a problem arise concerning the order. Nowsite shall not be held responsible for the use of any data provided to us.
You agree that these Terms do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.
You acknowledge that you connect to the Website and use its services at your own risk. Nowsite holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. Nowsite guarantees it shall take all sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, Nowsite cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. Nowsite shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. Nowsite holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. Nowsite holds no responsibility for not honoring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.
Nor in any event will Nowsite be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the store, the software, and any information available in connection therewith, or inability to use the software, subscriptions or any information, even in the event of Nowsite’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of Nowsite’s warranty and even if Nowsite has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.
If you provide Nowsite with any feedback or suggestions, or any Nowsite software, products or services, Nowsite is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
Nowsite and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
Nowsite may inform you through an online notice in the case of systems’ maintenance, and shall not be held responsible for any ensuing delays or consequences.
- Customers’ public statements
Visitors may post reviews, comments and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on the Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Service, please notify us by contacting our customer support and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Nowsite a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Nowsite, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Nowsite including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Nowsite for all claims brought by a third party against Nowsite arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify Nowsite immediately.
- Applicable Law – Competent Jurisdiction
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NOWSITE, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
DISPUTE RESOLUTION BY ARBITRATION
Most user concerns can be resolved by use of our support at firstname.lastname@example.org. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.
YOU AND NOWSITE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT OR NOWSITE SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not apply to the following types of claims or disputes, which you or Nowsite may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND NOWSITE ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
You and Nowsite agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Nowsite do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Nowsite may commence arbitration. Written notice to Nowsite must be sent via postal mail.
YOU AND NOWSITE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and Nowsite also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and Nowsite agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.
Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.
These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant Nowsite the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Nowsite for all claims brought by a third party against Nowsite arising out of or in connection with the submission of your infringement notice.