NOUNOU NEIGBHORS TERMS OF SERVICE
Effective May 1, 2016
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
- Your Acceptance
These Terms expressly supersede prior agreements or arrangements with you. Nounou may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Nounou may amend the Terms related to the Services from time to time. Amendments will be effective upon Nounou’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- The Platform and Marketplace
The Services constitute a technology platform of mobile applications or websites provided as a part of the Services (each, an “Application”) that provides a marketplace for people seeking caretaking services (“Parents”) to arrange, schedule and pay trusted third party providers who provide those services (“Caretakers,” and collectively with Parents, “Users”) in addition to connecting with new Caretakers through the Services. Unless otherwise agreed by Nounou in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE AND AGREE THAT NOUNOU DOES NOT PROVIDE CARETAKING SERVICES, IS NOT A REFERRAL, MATCHING OR PLACEMENT SERVICE AND DOES NOT PROVIDE, REFER, PLACE, OFFER OR SEEK TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR ANY OF ITS USERS. NOUNOU DOES NOT AND HAS NO OBLIGATION TO SCREEN OR VERIFY THE IDENTITY OR BACKGROUND OF ANY USER. NOUNOU DOES NOT SCREEN OR VERIFY THE TRAINING OR EXPERIENCE OF ANY OF THE USERS OR ANY CONTENT SUBMITTED BY A USER (“USER CONTENT”), INCLUDING BUT NOT LIMITED TO USER PROFILES. NOUNOU HAS NO CONTROL OVER THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PROFILES OR OTHER USER CONTENT SUBMITTED THROUGH THE SERVICES, AND MAKES NO REPRESENTATIONS ABOUT ANY SUCH USER CONTENT ON THE SERVICES. NOUNOU FURTHER MAKES NO REPRESENTATIONS ABOUT THE CARETAKERS OR THE PARENTS. YOU SHOULD MAKE YOUR OWN ASSESSMENTS OF THE PERSONS YOU DECIDE TO INTERACT WITH, ENGAGE OR PROVIDE SERVICES TO.
NOUNOU’S SERVICES MAY BE USED BY YOU TO CONNECT, REQUEST, SCHEDULE, AND PAY/RECEIVE PAYMENT FOR CARETAKING SERVICES FROM THIRD PARTY CARETAKERS, BUT YOU AGREE THAT NOUNOU HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CARETAKING PROVIDED TO YOU OR BY YOU THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. USERS ARRANGE FOR THE CARETAKING SERVICES SOLELY BETWEEN THEMSELVES, AND NOUNOU IS NOT A PARTY TO ANY OF THOSE ARRANGEMENTS. NOUNOU DOES NOT HAVE CONTROL, SUPERVISE OR PROVIDE ANY TRAINING OR EQUIPMENT TO THE CARETAKERS, AND HAS NO CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF THE SERVICES PROVIDED BY CARETAKERS. NOUNOU IS NOT INVOLVED IN THE TRANSACTIONS BETWEEN CARETAKERS AND PARENTS AND SOLELY PROVIDES THE SERVICES TO FACILITATE USER BOOKING, CONNECTING, AND PAYMENT.
NOUNOU DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY CARETAKERS WHO PROVIDE CARETAKING SERVICES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF THIRD PARTY CARETAKERS WILL MEET YOUR NEEDS AND EXPECTATIONS. NOUNOU WILL NOT PARTICIPATE IN DISPUTES BETWEEN USERS. BY USING THE SERVICES, USERS ACKNOWLEDGE THAT THEY MAY BE EXPOSED TO SITUATIONS INVOLVING OTHER USERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY CARETAKERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. NOUNOU SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO TRANSACTIONS OR RELATIONSHIPS BETWEEN USERS.
AS SET FORTH IN SECTION 10, YOU AGREE TO RELEASE NOUNOU FROM ANY CLAIMS OR LIABILITY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS. NOUNOU IS NOT AN EMPLOYMENT SERVICE AND DOES NOT SERVE AS AN EMPLOYER OF ANY USER. AS SUCH, USERS ARE SOLELY RESPONSIBLE (AND NOUNOU IS NOT RESPONSIBLE), FOR ANY TAX, WITHHOLDING OR REPORTING, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT INSURANCE, SOCIAL SECURITY OR PAYROLL WITHHOLDING TAX OR INCOME REPORTING IN CONNECTION WITH ANY SERVICES PROVIDED BY USERS. YOU UNDERSTAND AND AGREE THAT IF NOUNOU IS FOUND TO BE LIABLE FOR ANY TAX, WITHHOLDING TAX OR REPORTING OBLIGATION IN CONNECTION WITH ANY SERVICES PROVIDED OR RECEIVED BY YOU, THEN YOU WILL IMMEDIATELY REIMBURSE AND INDEMNIFY NOUNOU FOR ALL COSTS, EXPENSES AND LIABILITIES (INCLUDING ANY INTEREST AND PENALTIES) RELATING TO THE SAME. IF REQUESTED BY NOUNOU, YOU AGREE TO PROVIDE NOUNOU WITH SUCH IDENTIFICATION DOCUMENTS (INCLUDING COPIES OF PASSPORTS AND DRIVER’S LICENSES) OR OTHER INFORMATION AS MAY BE NEEDED OR REQUESTED BY NOUNOU.
Subject to your compliance with these Terms, Nounou grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Nounou and Nounou’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Nounou; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(c) Third-Party Services and Content
The Services and all rights therein are and shall remain Nounou’s property or the property of Nounou’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Nounou’s company names, logos, product and service names, trademarks or services marks.
By requesting to use, registering to use and/or using the Services, you represent and warrant that:
- if you are a Parent: (i) you are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and (ii) you and each member of your household (a) have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
- if you are a Caretaker: (i) you are an individual at least 13 years of age; (ii) you have the legal right to work in the United States; and (iii) you (a) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
NOUNOU HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE NOUNOU AND NOUNOU’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THE SERVICES. (“Affiliated Parties” means Nounou’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
- Your Use of the Services
(a) User Accounts
If you register for the Services as a Caretaker and are between the ages of 13-17 years old, upon registration you will be asked for your parent/legal guardian’s email address, as well as to confirm that you have their consent to use the Services. Your parent/legal guardian will also receive a confirmation email of your registration for the Services.
(b) Personal Use Only and Conduct
Your Account is for your own personal use, and you may not permit anyone else to use your Account. The Services are intended to be used by people who want to connect, request and schedule CARETAKING services from third party Caretakers. Any use of the Services for any other purpose, (including but not limited to using the Services or information obtained from the Services to solicit, advertise to or contact Users for any other purpose) is prohibited. You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Services to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Services in any 24-hour period, terminating Accounts or blocking users with certain IP addresses from accessing the Services.
You may from time to time receive personal information of another User. For example, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Services. Parents may not contact Parents, Caretakers may not contact Parents, and Parents may not contact Caretakers, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Application.
(c) Text Messaging and Push Notifications
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Nounou at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Users of Services may receive push notification alerts from Nounou. You may opt-out of receiving push notification alerts from Nounou at any time.
(d) Promotional Codes
Nounou may, in Nounou’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Nounou’s services, subject to terms that Nounou establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Nounou; (iii) may be disabled by Nounou at any time for any reason without liability to Nounou; (iv) may only be used pursuant to the specific terms that Nounou establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Nounou reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Nounou determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.’
(e) User Provided Content
Nounou may, in Nounou’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Nounou through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Nounou, you grant Nounou a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Nounou’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Nounou the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Nounou’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Nounou in its sole discretion, whether or not such material may be protected by law. Nounou may, but shall not be obligated to, review, monitor, or remove User Content, at Nounou’s sole discretion and at any time and for any reason, without notice to you.
(f) Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Nounou does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Third Party Background and Verification Services
Nounou has the right, but not the obligation, to order a background check on Caretakers from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that Nounou retains the right, but has no obligation, to take action with respect to your Nounou account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. Nounou does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not Nounou). By agreeing to these Terms of Service, you consent to Nounou performing background and/or verification checks on you. If you do not want these checks performed, do not use the Services.
- Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying you that the 3rd Party Verification Service may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be “consumer reports” subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If Nounou takes adverse action with respect to your account based on information contained in a consumer report, Nounou will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. Nounou will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through the Services or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Nounou and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Nounou does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
- Payment, Fees, Cancellation and Refund Policies
Parent agrees to pay Nounou a monthly fee of $9.99 per month (“Charges”), billed on the initial date of sign up, and continuing on a monthly basis on the same date of the month as signup, each month thereafter, until Parent submits written notice of cancellation to Nounou. Nounou will collect such charges using the preferred payment method designated in your Account. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Nounou.
All Charges are due immediately and payment will be facilitated by Nounou using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Nounou may, as the Third Party Caretaker’s limited payment collection agent, use a secondary payment method in your Account, if available.
Nounou reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Nounou’s sole discretion. Nounou may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from Nounou at any time prior.
All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed. Fee credits (if any), and any other items or benefits associated with a User’s account are nontransferable.
Nounou may offer limited time, free trials for the Payment Feature or other Promotional Offers from time to time. Users under a free trial will have access to the Payment Feature as decided by Nounou. Nounou may require a User to provide the User’s payment information to start a free trial. For such free trials, Nounou may automatically charge the User for use of the Payment Feature on the first day following the end of the free trial period. To avoid such charges, Users with free trials must stop using Nounou before the end of the free trial period. Promotional Offers, which may include discount codes or account credits toward fees, may be subject to expiration dates and may only be applicable to select Users.
- Payment Processing Service
Nounou uses PayPal, Inc. (PayPal) for payment processing. In order for you to use Paypal’s payment processing services, you must read and agree to the PayPal User Agreement (PPUA) available at https://www.paypal.com/webapps/mpp/ua/useragreement-full. By accepting this Agreement, you agree: (a) that you have downloaded or printed the PPUA, and (b) that you have reviewed and agree to the PPUA. If you have questions regarding the PPUA, please contact Paypal at 402.935.2050.
If any disputes or disagreements arise between Parents and Caretakers relating to the services provided by Caretakers or payments made by or due from Parents, the Parents and the Caretakers are responsible for resolving any such disputes directly with each other. Nounou will not be a party to any such dispute, and Nounou will not be obligated to take any action toward resolving the dispute.
- Disclaimer and Release; Limitation of Liability; Indemnity
(a) Disclaimer and Release
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF NOUNOU AND ITS AFFILIATED PARTIES. EACH OF THE PARAGRAPHS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOUNOU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NOUNOU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
YOU AGREE TO RELEASE NOUNOU AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SERVICES, (II) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (III) ANY BACKGROUND OR VERIFICATION REPORT ORDERED BY NOUNOU.
NOUNOU MAKES NO CLAIMS OR PROMISES ABOUT (I) THE OPINIONS, ADVICE, STATEMENTS, REVIEWS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON THE APPLICATION OR THROUGH THE SERVICES BY USERS, OR (II) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE APPLICATION OR AVAILABLE THROUGH THE SERVICES.
(b) Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL NOUNOU OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, AND (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APPLICATION OR TRANSMITTED TO OR BY ANY USER OF THE SERVICES.
YOU AGREE THAT NEITHER NOUNOU NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, NOUNOU’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO NOUNOU IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless Nounou and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Nounou and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Services; (ii) User Content and use of such content by Nounou; (iii) your violation of these Terms of Service or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other Users; (v) your violation of any applicable law, rules or regulations; or (vi) information contained in any background or verification report ordered by Nounou. You agree that you will cooperate as reasonably requested by Nounou in the defense of such claims. Nounou and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
- Miscellaneous Provisions
(a) Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent:
if by mail to:
Attn: General Counsel
Nounou Neighbors, LLC
7015 College Blvd. Ste. 375
Overland Park, KS 66211
if by e-mail to:
(b) Governing Law and Venue
Kansas law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Nounou, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Kansas, County of Johnson.
(c) Assignment; No Joint Venture or Partnership; Severability; Waiver
You may not assign these Terms without Nounou’s prior written approval. Nounou may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Nounou’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Nounou or any Third Party Caretakers as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Nounou’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nounou in writing.
(d) Complete Agreement
These Terms of Service contains the entire agreement between you and Nounou regarding the use of the Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
- Contact Information
If you have any questions or need further information as to the Services, or need to notify Nounou as to any matters relating to the Services please contact Nounou at: Nounou Inc., 12151 Farley St., Overland Park, KS 66213 or email at: firstname.lastname@example.org