The Nod Collective Inc. (the “Company,” “we,” “us,” “our”) provides its “The Nod” mobile application, web application, website, social media pages, marketing activities, events, communications, and other products and services (collectively, the “Service” or “App”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service,” “Terms of Use” or “Terms”). For purposes of these Terms, “User,” “you,” and “your” mean any individual or entity that accesses, browses, applies for, downloads, gets approved, or otherwise uses the Service. By signing up for the App, creating an account on the App, or otherwise using the Service in any manner whatsoever, whether by mobile device, mobile application, computer, or other format, you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference and available at https://www.thenodcollective.com/privacy-policy
These Terms include the provisions set forth in this document, including the Digital Millennium Copyright Act (“DMCA”) section below. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
We reserve the right to, in our sole discretion, change or modify these Terms of Use at any time. Each time we do so, we will indicate at the top of this page the date of the most recent version. Our Terms of Use may always be found at https://www.thenodcollective.com/terms-of-service. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use and you will be legally bound by such Terms of Use. You should regularly check this page for updates. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, YOU SHOULD IMMEDIATELY STOP USING THE SERVICE.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN THE “DISPUTE RESOLUTION” SECTION BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND THE COMPANY.
REGISTRATION PROCESS
Access to the App is made available exclusively via an application and approval process. Upon downloading the app, Users will be asked to submit certain personal information in order to request an account. By requesting an account or otherwise using the Service, you agree to receive non-promotional, transactional text messages and emails from us regarding, among other things, the status of your account and customer support.
Upon being granted access to an account, you will be required to register with the App and provide certain information in order to access and use certain features of the Service. If you choose to register with the App, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.
Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur through your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, (c) ensure that you exit from your account at the end of each session when accessing the Service, and (d) implement the necessary security safeguards on any device you use to access the service. In addition to the disclaimers and limitations set forth below, we will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services , such as those offered by Google, Facebook, Twitter, Amazon, Instagram or YouTube(each, a “Third Party Account”). By using the Services through a Third Party Account, you permit us to access certain information from such accounts for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
TERMS OF USE
Legally Binding Agreement. These Terms of Use constitute an agreement establishing the legally binding terms you must accept to use the Service.
Eligibility. You must be at least thirteen (13) years old to use the Service and at least the minimum age required to use the Service under applicable law in your jurisdiction. If you are under eighteen (18), or under the age at which you may legally consent to the processing of your personal information or enter into these Terms in your jurisdiction, you may use the Service only with the permission and involvement of your parent or legal guardian where required by applicable law. By using the Service, you represent and warrant that you meet the foregoing eligibility requirements, can form a binding contract with the Company, are not barred from using the Service under applicable law, are not located in a country subject to a U.S. Government embargo, are not listed on any U.S. Government list of prohibited or restricted parties, and will comply with these Terms and all applicable laws.
Term and Termination. These Terms of Use will remain in full force and effect while you have an account on the App or otherwise use the Service in any capacity. You may terminate your account at any time, for any reason, by following the instructions provided in the App. Likewise, NOTWITHSTANDING ANYTHING THAT MIGHT BE INTERPRETED TO THE CONTRARY WITHIN THESE TERMS OF USE, THE APP, OR ELSEWHERE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCOUNT, OR YOUR ACCESS TO ANY PART OF THE SERVICE, WITHOUT NOTICE, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SERVICE, FOR ANY REASON OR NO REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (I) FOR LACK OF USE, (II) IF WE BELIEVE IN OUR SOLE DISCRETION THAT YOU MAY HAVE BREACHED THESE TERMS OF USE OR OTHERWISE FAILED TO UPHOLD THE COMMUNITY’S GUIDELINES, OR (III) FOR ANY OTHER REASON AS WE MAY DETERMINE FROM TIME TO TIME, INCLUDING TERMINATIONS IN CONNECTION WITH PERIODIC MEMBERSHIP REVIEWS AND MEMBERSHIP COUNT ADJUSTMENTS. We may also, in our sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. By using the Service, you acknowledge and agree that certain features, products, services and other aspects of the App and, more generally, the Service, are not available to all Users. Further, certain features and updates within the App are frequently beta tested among a small portion of our Users and other more permanent features are made available only to certain segments of our Users based on their location, preferences, use of the App, unique privacy requirements, and other factors.
Commercial Use. The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other Users, designs, art, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any User to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other User without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with our express consent, which consent may be withheld in our sole discretion.
Children’s Online Privacy Protection Act. The Service is not intended for use by children under the age of thirteen (13), and we do not knowingly collect, solicit, or maintain personal information from anyone under thirteen (13). If you are under thirteen (13), you may not use or access the Service at any time or in any manner.
If you are located in a jurisdiction that requires parental consent for the processing of personal information or the use of online services by minors, you may use the Service only with the permission and involvement of your parent or legal guardian where required by applicable law.
If we learn that we have collected personal information from a child in violation of applicable law, we will take reasonable steps to delete such information as soon as practicable. If you believe that a child may have provided us with personal information in violation of this policy, please contact us at info@thenodcollective.com
Prohibited Uses of the Service. By using the Service, you agree to treat other Users, businesses, and members of the community in a respectful and appropriate manner, both on and off the Service. The Nod reserves the right, in its sole discretion, to investigate, suspend, restrict, or terminate your account, or remove any content, if you engage in conduct that is inappropriate, harmful, unlawful, or otherwise inconsistent with the values, standards, or intended use of the Service, including behavior occurring outside of the Service or prior to your membership.
You represent, warrant, and agree that you will not provide or contribute anything, including any User Content (as defined below), to the Service, or otherwise use or interact with the Service, in a manner that:
infringes or violates the intellectual property rights or any other rights of any person or entity (including the Company);
violates any applicable law or regulation, including, without limitation, privacy laws, consumer protection laws, or any laws governing online conduct;
is false, misleading, deceptive, or inaccurate, including any content that misrepresents your experience at a location or the nature, quality, or characteristics of any place, business, or service;
is dangerous, harmful, fraudulent, threatening, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable;
promotes or facilitates illegal activity, or provides instructions or information related to illegal activities;
constitutes unauthorized advertising, promotional content, spam, solicitation, or attempts to sell or market products or services without prior written authorization from The Nod;
impersonates any person or entity, or misrepresents your identity, affiliation, location, or relationship with any person or business;
involves the unauthorized collection, use, or disclosure of personal data or information of other Users or third parties, including harvesting email addresses or contact information;
jeopardizes the security of your account or the accounts of others, including allowing unauthorized access to your account or attempting to obtain passwords or sensitive information from other Users;
interferes with, disrupts, or places an unreasonable burden on the Service or its infrastructure, including through the use of automated systems such as bots, scrapers, crawlers, or similar technologies;
attempts to access, obtain, or use any materials, data, or information not intentionally made available through the Service;
copies, stores, distributes, or otherwise exploits any portion of the Service or Content without authorization;
decompiles, reverse engineers, or otherwise attempts to derive the source code, underlying ideas, or structure of the Service;
uses the Service for any commercial purpose not expressly authorized by The Nod;
uses third-party applications or integrations that interact with the Service without prior authorization;
posts or shares content that could reasonably harm the reputation, safety, or operations of a business or location in a misleading, deceptive, or bad-faith manner;
encourages or facilitates unsafe behavior, including activities that could pose a risk to yourself or others when visiting locations featured on the Service;
attempts to damage, interfere with, or misuse the Service, Users, or any businesses featured on the platform; or
encourages, promotes, or enables any other conduct that violates these Terms.
Enforcement. A violation of any of the foregoing is grounds for, in The Nod’s sole discretion and with or without notice, the removal of content, suspension or termination of your account, restriction of access to the Service, and/or any other action deemed necessary to protect the Service, its Users, or third parties.
User Content. You are solely responsible for the content and information that you post, add, upload, publish, link to, transmit, record, indicate, share, display or otherwise make available (collectively, “post”) on the Service or transmit to other Users or the Company, including, but not limited to, photographs, saved places, notes, locations, personal information, phone contact information, place recommendations, and activity updates, whether publicly posted, privately saved on the Service, or privately transmitted (such posts by Users being collectively referred to herein as “User Content”). You acknowledge and agree that your User Content may be viewable by other Users of the Service, and, notwithstanding these terms and our strict policies, such other Users may share your User Content with third parties. You should not post any User Content that you do not want others to see.
Further, you acknowledge and agree that you may not post as part of the Service, or transmit to the Company or any other User (either on or off the Service), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, disrespectful, distasteful, sexually explicit, exploitive, overtly and repeatedly self-promotional or commercial, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services (as defined below), is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the User Content on the Service and grant the licenses set forth below. Although the Company does not generally monitor User Content and is not responsible for User Content within the App, we reserve the right to delete any User Content, in whole or in part, that in our sole judgment we believe violates these Terms of Use or otherwise may materially negatively impact our Users’ experience on the App or harm the reputation of the Service or the Company.
By posting User Content as part of the Service, you grant to the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute such User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service, the Company’s other apps and services, and researching and developing new services. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending User Content from the Service and terminating or suspending the account of such violators. Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that any User Content you place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared User Content from other App Users) or any User of the Company’s other products and services. Likewise, for as long as you comply with these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Service for purposes as intended by us and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that your account is terminated or you fail to comply with these Terms of Use.
Responsibility for Content, Interactions, and Third-Party Services. Any information, recommendations, or other content publicly posted or privately transmitted through the Service (“Content”) is the sole responsibility of the person from whom such Content originated. You acknowledge and agree that you access and use all Content at your own risk, and that The Nod is not responsible or liable for any errors, omissions, inaccuracies, or outcomes associated with such Content, including how you interpret or act upon it.
The Nod does not verify, endorse, or guarantee the accuracy, quality, safety, or legality of any Content, User, or location featured on the Service. You understand that recommendations on the Service relate to real-world experiences, including hotels, restaurants, and nightlife, and that any decision to visit or engage with a location or individual is made at your own risk. The Nod shall not be responsible for any experiences, damages, injuries, or losses arising from your interactions with other Users, businesses, or locations, whether online or offline.
You are solely responsible for any Content you contribute to the Service and represent and warrant that you have all rights necessary to submit such Content and that it complies with these Terms.
The Service may contain links to or integrations with third-party websites, services, or platforms that are not owned or controlled by The Nod. We have no control over, and assume no responsibility for, the content, accuracy, policies, or practices of any third-party services. Your use of third-party services is at your own risk, and you should review their terms and privacy policies before engaging with them.
Any interactions, communications, or transactions you have with other Users, businesses, or third parties found on or through the Service are solely between you and such parties. The Nod is not responsible or liable for any loss, damage, or dispute arising out of or relating to such interactions. The Nod has no obligation to become involved in disputes between Users, businesses, or third parties. To the fullest extent permitted by law, you agree to release and hold harmless The Nod, its officers, directors, employees, and agents from any and all claims, demands, damages, or losses of any kind, whether known or unknown, arising out of or in any way connected with such disputes or your use of the Service.
To the extent applicable, you expressly waive any rights under California Civil Code Section 1542 (or any similar law), which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of the release.
Digital Millennium Copyright Act (DMCA). The Nod respects the intellectual property rights of others and expects Users of the Service to do the same. We have adopted a policy in accordance with the DMCA.
Reporting Copyright Infringement. If you believe that any content on the Service infringes your copyright, you may submit a notification to info@thenodcollective.com including the following; (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it; (iv) your contact information (such as address, telephone number, and email); (v) a statement that you have a good faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
Removal and Repeat Infringers. Upon receipt of a valid DMCA notice, we may remove or disable access to the allegedly infringing content and may terminate the accounts of repeat infringers at our sole discretion.
Counter-Notice. If you believe that your content was removed in error or misidentification, you may submit a counter-notice to info@thenodcollective.com including; (i) your physical or electronic signature; (ii) identification of the content that was removed and its prior location; (iii) a statement, under penalty of perjury, that you have a good faith belief the content was removed by mistake or misidentification; and (iv) your name, address, and contact information, along with a statement consenting to the jurisdiction of the applicable courts. Upon receipt of a valid counter-notice, we may restore the removed content in accordance with applicable law.
Reporting of Misconduct and Inappropriate User Content. We do not tolerate inappropriate conduct or User Content on our Service. We encourage you to report to us any inappropriate conduct or User Content that you may encounter or become aware of by sending us an email at info@thenodcollective.com All such reports are held in strict confidence and we will never disclose your identity to the reported person, or any other third party, absent a court order or other legal requirement that we do so.
Intellectual Property. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Third Party Material. Under no circumstances will the Company be liable in any way for any User Content or other content or materials of any third parties (including Users, businesses, external websites, platforms, and databases), whether featured in the App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen such content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Use or is deemed by us, in our sole discretion, to be otherwise inappropriate, unauthorized or objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. We have no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with other Users, businesses, or third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
Mobile Service. The Service includes certain services that are available via mobile devices including (i) the ability to upload content to the Service, (ii) the ability to browse the Service, (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”), and (iv) the ability to receive SMS text messages. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding The Nod and via APNS push notifications or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your The Nod account information to ensure that your messages are not sent to the person that acquires your old number.
Push Notifications; Location-Based Features; Communications. By using the Service, including in requesting an account, you agree that we may provide you with emails, text messages, push notifications, alerts and other messages related thereto. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. The App may allow you to disclose your location or make available opportunities for you to determine the location of other Users and/or view certain content and services based on your location. If you elect to make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, your location will not be disclosed and you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy. Users of the Service may contact us at any time at info@thenodcollective.com to change notification and communication preferences.
Apple-Enabled Software Applications. The Company offers software applications such as the App that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software being “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:
The Company and you acknowledge that these Terms of Use are concluded between the Company and you only, and not with Apple, and that as between the Company and Apple, the Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Use.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
You represent and warrant that (i) you are not located in a 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to the Company as follows: info@thenodcollective.com
The Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Disclaimers. You acknowledge and agree that your use of the Service is at your own risk. The Company is not responsible for, and shall not be liable for, any content, recommendations, or information made available through the Service, including any errors, omissions, inaccuracies, or outcomes resulting from your use of such content.
The Service is designed to facilitate the discovery of hotels, restaurants, nightlife, and other experiences through User-generated recommendations. The Company does not verify, endorse, or guarantee the accuracy, quality, safety, legality, or suitability of any location, business, or experience. Any decision to visit or engage with a place or individual is made at your own discretion and risk. The Company shall not be responsible for any experiences, damages, injuries, losses, or claims, including personal injury or death, arising out of or relating to your interactions with Users, businesses, or locations, whether such interactions occur online or offline.
The Company is not responsible for the conduct of any User or third party, whether on or off the Service. We do not guarantee the identity of Users or the reliability of any information provided through the Service. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS.
To the fullest extent permitted by law, The Company shall not be responsible or liable for any loss or damage arising from or relating to: (i) your use of or inability to use the Service; (ii) any content posted, transmitted, or otherwise made available through the Service; (iii) any interactions or transactions with Users, businesses, or third parties; (iv) any technical errors, interruptions, or failures of the Service; or (v) any unauthorized access to or use of your account or data. Any material downloaded or otherwise obtained through the Service is accessed at your own discretion and risk, and you are solely responsible for any damage to your device, system, or data. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO: (I) YOUR USE OF OR RELIANCE ON ANY CONTENT, RECOMMENDATIONS, OR INFORMATION MADE AVAILABLE THROUGH THE SERVICE; (II) ANY INTERACTIONS, TRANSACTIONS, OR DISPUTES BETWEEN YOU AND OTHER USERS, BUSINESSES, OR THIRD PARTIES; (III) YOUR VISIT TO OR EXPERIENCE AT ANY LOCATION FEATURED ON OR DISCOVERED THROUGH THE SERVICE; (IV) ANY CONDUCT OF USERS OR THIRD PARTIES, WHETHER ONLINE OR OFFLINE; (V) ANY TECHNICAL ERRORS, INTERRUPTIONS, OR FAILURES OF THE SERVICE; OR (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors (collectively, the “The Nod Parties”) from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Service; (ii) your violation of these Terms or any applicable law or regulation; (iii) any content, information, or materials you submit, post, or transmit through the Service, including any User Content; (iv) your interactions, communications, or disputes with other Users, businesses, or third parties, whether occurring on or off the Service; (v) your visit to, participation in, or engagement with any location, business, or experience featured on or discovered through the Service; or (vi) your misuse of the Service, including any use of recommendations or information obtained through the Service in a manner that results in harm, damage, or legal claims. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Company, and you agree to cooperate fully with such defense. You agree not to settle any such matter without the prior written consent of the Company.
Dispute Resolution; Arbitration Agreement. Informal Resolution. Before initiating any legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”) informally by contacting the Company at info@thenodcollective.com You agree to provide a written description of the Dispute and allow the Company at least thirty (30) days to attempt to resolve the Dispute before initiating arbitration or any other proceeding.
Agreement to Arbitrate. YOU AND THE COMPANY AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN A COURT OF LAW. THIS ARBITRATION AGREEMENT IS THE EXCLUSIVE MEANS OF RESOLVING DISPUTES, EXCEPT AS EXPRESSLY PROVIDED HEREIN. This arbitration agreement applies to all Disputes, whether based in contract, tort (including negligence), statute, fraud, misrepresentation, or any other legal theory, and regardless of when the Dispute arose.
Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules, including the Consumer Arbitration Rules, as modified by these Terms. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement. Arbitration may be conducted in person, through the submission of documents, by phone, or online, at the discretion of the arbitrator.
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Exceptions to Arbitration. Notwithstanding the foregoing, either party may: (i) bring an individual action in small claims court; and (ii) seek injunctive or equitable relief in a court of competent jurisdiction for claims relating to intellectual property rights or unauthorized use of the Service.
Arbitration Location. Unless otherwise required by applicable law, arbitration shall take place in Los Angeles County, California, or another mutually agreed location.
Opt-Out Right. You have the right to opt out of this arbitration agreement by sending written notice to info@thenodcollective.com within thirty (30) days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.
Severability. If any portion of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, except that if the Class Action Waiver is found to be unenforceable, this entire arbitration agreement shall be null and void.
Survival. This Dispute Resolution and Arbitration Agreement section shall survive termination of these Terms and your use of the Service.
Notice. The Company may provide you with notices, including those regarding these Terms of Use, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Additional Applications and Services. The Company may develop, maintain, and operate additional applications, platforms, or services, including web-based and mobile applications, that are related to or integrated with the Service. By using the Service, you acknowledge and agree that The Nod may use, share, and display your User Content, profile information, and other data across such applications, platforms, and services, in accordance with these Terms and our Privacy Policy. You further acknowledge that access to one application, platform, or feature of the Service does not guarantee access to any other application, platform, or feature, and that The Nod may grant, restrict, or modify access at its sole discretion.
Entire Agreement; Miscellaneous. These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Company regarding your use of the Service. If any provision is held invalid, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and that you may not assign or transfer any rights under these Terms without prior written consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you may not bind the Company in any manner. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, failures of utilities or telecommunications networks, or failures of third-party service providers. These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except to the extent preempted by federal law. Provisions of these Terms that by their nature should survive termination shall survive termination of your access to or use of the Service, including without limitation provisions relating to ownership, User Content licenses, disclaimers, limitations of liability, indemnification, and dispute resolution.
Questions? Concerns? Suggestions?
Please contact us at info@thenodcollective.com to report any violations of these Terms of Use or to pose any questions regarding the Company, these Terms of Use or the Service.
