NerdCoach Terms of Service ("Agreement")
This Agreement was last modified on May 12, 2014.
Please read these Terms of Service (this "Agreement", or the "Terms of Service") carefully before using www.nerdcoach.com ("the Site") operated by NerdCoach LLC ("us", "we", or "our") and our mobile software applications and related services (together with the Site, the “Services”). This Agreement sets forth the legally binding terms and conditions for your use of the Services.
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site or downloading or using our mobile software applications, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password (if you have an account and password) and are responsible for any use of the Services by your account.
You are responsible for any charges from your wireless service provider incurred in connection with using the Services.
You acknowledge that the Site, our mobile software applications, and their original content, features and functionality are owned by NerdCoach LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws . You acknowledge that we shall be entitled to the unrestricted use of any submissions or suggestions you provide to us regarding the Services, without acknowledgment or compensation to you.
If you register for the Services, you agree to provide and maintain true, accurate and complete information about yourself as prompted by our registration form.
Release and Indemnity
You release, indemnify and hold harmless NerdCoach and its employees, officers, directors, affiliates and agent from any from any and all damages, losses, expenses (including reasonable attorneys’ fees), rights, claims, actions of any kind and any injury that arise out of or relate to your violation of these Terms of Service or your use of the Services.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT SHALL NERDCOACH HAVE ANY LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, COST OF SUBSTITUTE SERVICES OR DAMAGES FOR LOST PROFITS (WHETHER OR NOT NERDCOACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICES. NERDCOACH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION SHALL IN NO CASE EXCEED FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID NERDCOACH IN THE LAST YEAR.
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the Services, including the determination of the scope or applicability of this agreement to arbitrate, other than disputes, claims or controversies that may be brought in small claims court, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
We may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by NerdCoach LLC.
Severability and Waiver. In the event that any provision of these Terms of Service is deemed invalid by reason of law, these Terms of Service will be construed as not containing such provision and the remainder of these Terms of Service shall remain in full force and effect.
Governing Law, Jurisdiction and Venue. These Terms of Service will be governed by and construed in accordance with the laws of the state of California without regard to its conflict of law provisions. For any dispute arising out of these Terms of Service or your use of the Services for which arbitration is not permitted by law, you agree to the exclusive jurisdiction of and exclusive venue in the state and federal courts located in Los Angeles County, California.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting updated terms on the Site. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Services and discontinue any use of the Services immediately.
If you have any questions about this Agreement, please contact us.
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