THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
The Website is owned and operated by Nuwber Inc., a Virginia corporation (“we”, “us” or “our” as appropriate), which offers search and background information services (the “Services”) at nuwber.com where the user (“you”, “your” or “yours” as appropriate) accesses the Services.
When using the Services, you represent and agree to the following:
- You enter into a binding agreement with us and accept these Terms;
- You agree with any other terms, policies and regulations applicable to you and published on our Website;
- You are a resident of the US, and
- You are an individual at least 18 years old.
We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.nuwber.com. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
TABLE OF CONTENTS:
1. LIMITED LICENSE TO USE WEBSITE; PROHIBITED PRACTICES ON WEBSITE AND DURING USE OF SERVICES
Subject to your continued strict compliance with these Terms and the Agreement, we grant you a limited, revocable, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use our Website. You agree that you will only use the Website and the Services in accordance with these Terms and the Agreement. You may use the Website and the Services only for lawful purposes. We reserve the right to refuse service to anyone for any reason at any time.
Notwithstanding the foregoing license grant to use the Website, you shall not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any content or notices on the Website. You agree that we retain the sole and exclusive ownership of the content, design, code, “look and feel,” and all other information, material, and intellectual property forming or on the Website.
The following practices (or any of them) engaged in by you or in collusion with you, in relation to the Website and the Services constitute “Prohibited Practices”, are not permitted and will constitute a material breach of these Terms and the Agreement, and shall include, without limitation:
- Using, or attempting to use, the Website or the Services in any way that breaches these Terms or the Agreement, including, but not limited to the provisions of Section 4 of these Terms (“Fair Credit Reporting Act (FCRA) Notice”),
- Using the Website and Services for any purpose other than legitimate, personal, and non-business purposes,
- Using, or attempting to use, the Website or the Services in any way that breaches any applicable state, federal or international law or regulation,
- Using, or attempting to use, the Website or the Services in a manner that does, or is intended to, cause emotional or physical harm to, discriminate against, or stalk or otherwise harass any other person,
- Seeking information about or harming minors in any way,
- Using, or attempting to use, the Website or the Services to produce or distribute any actual or potentially infringing, unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, violent, hateful, offensive, racist, harmful, or otherwise objectionable information, material or content,
- Using, copying, reproducing, publishing, distributing, or transmitting in any way to any other device, website, or other medium, or otherwise using any information, content or material, including, but not limited to search reports, posted to or made available by or through the Website and/or Services in any way to any third party,
- Reproducing, creating, compiling or incorporating any part of the Website or the Services including, but not limited to, search reports and their content, into any database, collection, compilation, directory or information retrieval system,
- Attempting to exploit loopholes in the Website or the Services or exploiting a fault, loophole or error in the Website or the Services,
- Using, or attempting to use, artificial intelligence, external programs, automated scripts, bots, or other automated means to access the Website or the Services, create Account(s) by automated means, scraping or parsing our databases,
- Allowing or permitting (intentionally or unintentionally) someone else to use the Services using your Account,
- Abusing our promotions,
- Using the Services in bad faith and/or undertaking any fraudulent
practice, in particular:
- Providing incorrect or misleading information while registering your Account,
- Falsifying any information required to create an Account,
- Impersonating another person,
- Fraudulently charging back your purchase or Subscription fee;
- Using stolen, cloned, or otherwise unauthorized credit or debit card or other payment method, or
- Any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm or is actually illegal.
- Facilitating, or attempting to facilitate, any type of illegal money transfer, including money laundering,
- Undertaking, or attempting to undertake, any criminal activity,
- Using any means to obtain, collect or access any information on the Website or usernames, email addresses and/or other information of other users, for any purpose,
- Attacking the Website via a denial-of-service or other attack,
- Attempting to tamper with, manipulate or influence, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website or any security measure,
- Transmitting or making available any content that you do not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes our or any third party’s copyright, trademark or other intellectual property and proprietary rights, and/or
- Transmitting any data, or sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of the Website or the Services violates these Terms or the Agreement for any of the above reasons or for any other reason. If, in our determination, you are found to be directly or indirectly participating in any form of Prohibited Practices or other activities that we consider to constitute your misuse of the Services or breach of the Agreement, we may take all such actions as we in our sole discretion deem appropriate or necessary under the circumstances, with or without notice to you or other involved parties, including without limitation:
- Suspending and/or closing your Account and terminating this Agreement,
- Terminating and blocking your access to the Website and Services, including blocking access to the Website where evidence indicative of automated or robotic activity is found,
- Reporting any criminal or suspicious activities to the appropriate authorities, and/or
- Taking legal action against you.
You shall be liable for any and all claims, losses, liabilities, damages, costs and expenses (including any legal costs) incurred by us, which arise from your participation in any form of Prohibited Practices and/or any breach by you of these Terms or the Agreement, and you shall indemnify and hold us harmless on demand for such claims. We will not be liable for any loss or damage which you may incur as a result of Prohibited Practices or your breach of these Terms or the Agreement.
2. INFORMATION AND PRICES AVAILABLE THROUGH THE WEBSITE
We aggregate publicly available information that is already accessible and in circulation on the Internet and may make it available to users of our Services for a fee through our people search. We do not own, create, enter, filter, or verify this public information. We do not evaluate each entry and make no guarantees to you about the accuracy of any information or how recently any information was collected or updated.
We take reasonable steps in an effort to insure that the prices set forth on the Website are correct, and to accurately describe and display the items and images of our products that are available on the Website. We reserve the right to make changes to the prices offered on the Website. We also reserve the right to make changes or corrections to or to alter, suspend, remove, add to or discontinue any aspect of the Website and the Services and their content, including your access to it, at any time and in our sole discretion. We will not be liable for any such action.
From time to time, all or part of the Website or the Services may be unavailable for use by you because of our maintenance, alteration or amendment of the Website any of the Services. We shall not be liable if for any reason the Website or the Services are unavailable at any time or for any period. We are not required to provide back-up networks and/or systems.
3. HOW TO OPT OUT AND REMOVE YOUR INFORMATION
The public records and commercially available data sources used in connection with the Services may contain errors, and we have no control over the accuracy of that data. The Services are not the source of the data, nor are they a comprehensive compilation of the data.
To request that information about you be removed from the Website, please use our opt-out tool available on https://nuwber.com/removal/link. This tool is only intended to remove information available through our Website and cannot be used to remove it from third-party sources (e.g. we are not able to remove your information from other sites or Google). Removal of your information from the Website is completely free.
4. FAIR CREDIT REPORTING ACT (FCRA) NOTICE
NUWBER, INC. AND NUWBER.COM ARE NOT CREDIT REPORTING AGENCIES FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
Any of the information obtained from/through the Website and Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in:
- Establishing an individual’s eligibility for personal credit, loans, health insurance or any other form of insurance, or assessing risks associated with existing consumer credit obligations;
- Evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals);
- Evaluating an individual for educational opportunities, scholarships or fellowships;
- Evaluating an individual’s eligibility for a license or other benefit or service provided by a government agency or any business establishment; or
- Any other product, service or transaction in connection with which a consumer report may be used under FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account.
You may not use any information obtained from us, including but not limited to any information contained in lookup reports provided to you when you conduct a search of publicly-available sources of information about individuals using our Website (“search report”), to determine or access a prospective candidate’s suitability for:
- Health insurance or any other insurance,
- Credit and/or loans,
- Education, scholarships or fellowships,
- Housing or other accommodations, or
- Benefits, privileges or services provided by any business establishment.
You also agree that:
- You shall not use any of the information obtained from/through the Website and Services to take any “adverse action”, as that term is defined in the FCRA;
- You have appropriate knowledge of the FCRA; and
- If necessary, you will consult with an attorney to ensure compliance with these Terms.
You also agree that you will not use the Website to provide instructional information about illegal activities or to advance physical harm or injury to any group or individual. You also agree that you will not use the Website or any information, including personal information, obtained from/through the Website and Services in connection with any purpose or personal information covered under Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act (COPPA), FCRA, and all similar laws at the state level. You further agree that you will not use or otherwise export or re-export any Website content in violation of the export control laws and regulations of the United States of America.
5. YOUR ACCOUNT
To start using the Services you first need to register an Account by entering your first and last name. We will send you your password, which you will be able to change, if needed. By opening your Account you reaffirm and warrant that you:
- Have read, accept and agree to these Terms and the Agreement,
- Are a resident of the U.S. and at least 18 years old and you otherwise do not lack capacity to enter into contracts.
Please note that you will not be able to change your name or username (your email address) entered upon registration without contacting our support team and providing evidence supporting the requested change. Therefore, you shall ensure that information we hold about you is always accurate and kept up to date. You shall contact our support team when there are any changes in your information.
You must not disclose your username (your email address) and password (“Login Details”) to anyone, allow anyone else to use them, transfer your Account to any third party or permit any other third party to use your Account. You are responsible for the security of your Account and your Login Details. If you know or suspect that anyone other than you is aware of your Login Details, you must promptly notify us by contacting support team.
Everyone who identifies themselves by entering correct Login Details is assumed by us to be the rightful Account holder and all transactions where Login Details have been entered correctly will be regarded as valid. We will not be held responsible for any loss or damage resulting from any unauthorized use of your Account and/or your failure to notify us of the same.
6. ORDER PLACEMENT AND ACCEPTANCE
If you purchase a Service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your order is conditioned on you accepting these Terms and the Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly activate or continue your Services or Subscription.
We reserve the right to refuse or cancel any order you place with us, with your sole remedy being a refund of any payment you may have already made. We may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some of the non-exclusive reasons we may limit, cancel or refuse any order that is placed is incorrect or inaccurate billing information or if we suspect fraudulent or other improper conduct. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, we will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by us. We reserve the right to limit the sales of our Service and products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All payments are payable in United States currency via the methods of payment provided on the Website, and all orders are subject to applicable taxes in the states where you reside. By ordering a Service or product through the Website, you authorize us to charge your credit or payment account accordingly. The subject line (descriptor) that appears on your billing statement will refer to “NUWBER INC>ALEXANDRI A US”. If you have any questions about your billing statement, please feel free to contact us at firstname.lastname@example.org or otherwise contact our customer support line at +1 (209) 251-1302.
7. SUBSCRIPTIONS AND RECURRING AUTOMATIC PAYMENTS
We offer paid Subscription plans for either a monthly or quarterly Subscription fee. Monthly Subscriptions are billed each month whereas quarterly Subscriptions are billed every three months. The credit or other payment card you provide at the time of your purchase will be automatically billed each month or every three months, depending on which Subscription you purchase.
You can make payments by any of the methods specified and made available from time to time by us. We use third party payment providers to process credit and debit card or other payments. Payments are not processed directly by us and we do not see and store your credit card details, except for its expiration date and last four digits of your credit card account number. Your Subscription will only be activated if we receive an approval and authorization code from the provider issuing the payment.
If you select a paid Subscription plan, you shall provide current, complete and accurate billing data (your zip code, first and last name and payment method, for example, credit card details). You shall ensure that all payments are made from a payment source for which you are the legal account holder or an authorized user. You must promptly update all billing data to keep your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date).
NEGATIVE OPTION NOTICE: BY SIGNING UP FOR A SUBSCRIPTION PLAN, YOU AUTHORIZE US TO CHARGE THE CREDIT OR DEBIT CARD OR OTHER PAYMENT ACCOUNT YOU PROVIDE AT THE TIME OF PURCHASE THE FEES ASSOCIATED WITH YOUR SUBSCRIPTION ON THE DAY YOU SIGN UP FOR THE SUBSCRIPTION PLAN AND ON A RECURRENT BASIS EVERY MONTH (FOR A MONTHLY SUBSCRIPTION PLAN) OR EVERY THREE MONTHS (FOR A QUARTERLY SUBSCRIPTION PLAN) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT PROVIDED AT THE TIME OF PURCHASE. YOU FURTHER AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY OVERDRAFT OR OTHER CHARGES OR FEES YOU MAY INCUR AS A RESULT OF INSUFFICIENT CREDIT OR FUNDS IN YOUR PAYMENT ACCOUNT THAT MAY RESULT FROM YOUR PURCHASE OF A SUBSCRIPTION PLAN. THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE SERVICES AND GOODS UNDER THESE TERMS IF YOU FAIL TO NOTIFY US NOT TO SUPPLY THE SERVICES OR THE GOODS.
As long as your Account remains active, you will be charged the Subscription fee even if you never use the Services.
8. CANCELLATION POLICY
You may cancel your Subscription plan at any time by signing on to your account, contacting us at email@example.com, or calling our customer support line at +1 (209) 251-1302. Our customer service line is open from 9:00 AM to 9:00 PM EST. In case of cancellation, Subscription-based features will be still available for your use until the end of your current billing period. Once the billing period is over, your payment method will no longer be charged and access to Subscription-based features will be revoked. You further agree not to make any fraudulent chargebacks, reversals or otherwise cancel any payments, and in any such event you agree to reimburse us for any chargebacks, denial or reversal of payment you make and any loss suffered by us as a consequence of that. You are responsible for your own bank, credit card or other charges that you may incur. For further details of current Subscription and payment options and fees please see our FAQ.
9. REFUND POLICY
If you are not satisfied with your Subscription or our Services, please feel free to contact us at firstname.lastname@example.org or call our customer support line +1 (209) 251-1302 and we will work with you to attempt to resolve your issue. We address each refund request on a case-by-case basis and may grant a refund request partially or in full depending on your circumstances.
10. OUR INTELLECTUAL PROPERTY RIGHTS
We own all materials, software, images, pictures, graphics, photographs, animations, videos, music, audio, text, content, selection, arrangement, compilation and coordination of such content (and any intellectual property rights in and to any of the same) that are included, constitute or are a part of the Website and the Services. These materials are protected by copyright and/or other intellectual property rights.
We reserve any and all rights not explicitly granted in these Terms or the Agreement. Except as expressly provided in these Terms and the Agreement, we do not grant any express or implied intellectual property or proprietary right to you or any other person. You do not acquire any ownership rights to the Website, Services, content or any other information obtained from the Website and/or Services.
All intellectual property rights in the name “Nuwber” and “Nuwber.com”, our logos, designs, trademarks and other distinctive brand features are owned by us. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without our prior written consent.
You may browse the Website and download any information you obtain by using the Services for your own personal use. In doing so, you must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Website. You may not attempt to alter or modify the content posted on the Website. Except as expressly set forth in these Terms, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Website itself.
11. YOUR FEEDBACK
If you communicate any feedback, ideas or suggestions for improvement of the Website or the Services, you grant us a free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You represent that you own or have the necessary licenses, rights, consents and permissions to grant this license to us. You further represent that any and all of information you provide in the way of feedback, ideas or suggestions for improvement is accurate and truthful and will not constitute information or content that is vulgar, obscene, offensive, racist, harmful to others, or otherwise improper or unlawful. We shall have no liability to you in the event that your feedback, ideas, or suggestions for improvement are not implemented, and we reserve the sole and exclusive right on whether any such feedback, ideas, or suggestions for improvement are implemented. You consent to our posting your name in connection with any feedback, ideas, or suggestions. You further understand and agree that we have the sole and exclusive right to determine whether your feedback, ideas or suggestions for improvement will or will not be made public, and that any decision by us not to do is without any and all obligation or liability to you. You are, and shall remain, solely and exclusively responsible for any liability arising from any of your postings or any feedback, ideas, or suggestions for improvement that we may choose to publish.
12. EXTERNAL LINKS AND THIRD PARTY ADVERTISEMENTS
13. DISCLAIMERS OF WARRANTIES AND EXCLUSIONS
EXCEPT WHERE UNENFORCEABLE OR INAPPLICABLE, INCLUDING THE STATE OF NEW JERSEY:
WE WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE TERMS AND THE AGREEMENT. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES. YOUR ACCESS TO THE WEBSITE AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
WE DO NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE WEBSITE OR THROUGH THE SERVICES. THE WEBSITE, THE SERVICES, ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO SEARCH REPORTS AND THEIR CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM THAT:
- THE WEBSITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS,
- THE WEBSITE, THE SERVICES AND THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES INCLUDING, BUT NOT LIMITED TO SEARCH REPORTS AND THEIR CONTENT, IS COMPLETE, ACCURATE, UP-TO-DATE, FREE OF MALFUNCTIONS, BUGS, VIRUSES OR ERRORS,
- THE SERVICES WILL BE UNINTERRUPTED OR SECURE,
- THE WEBSITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM,
- THE WEBSITE OR SERVICES ARE APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES, OR
- DEFECTS OR ERRORS WILL BE CORRECTED.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THE WEBSITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE TAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE WEBSITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEBSITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT WE OBTAIN DATA FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON US FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN CONNECTION WITH OUR SERVICES. WITHOUT LIMITING THE FOREGOING, THE CRIMINAL RECORD DATA THAT MAY BE PROVIDED BY US IN CONNECTION WITH OUR SERVICES MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE HAVE BECOME INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE DATA WAS LAST UPDATED OR COLLECTED. YOU UNDERSTAND THAT YOU MAY BE RESTRICTED FROM ACCESSING CERTAIN INFORMATION AND MATERIALS WHICH MAY BE OTHERWISE AVAILABLE. WE RESERVE THE RIGHT TO ADD MATERIALS AND FEATURES TO, AND TO DISCONTINUE OFFERING ANY OF THE MATERIALS AND FEATURES THAT ARE CURRENTLY A PART OF ITS SERVICES PROVIDED IN CONNECTION WITH A SUBSCRIPTION PLAN.
14. LIMITATION OF LIABILITY
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, IN NO EVENT SHALL WE (INCLUDING OUR SHAREHOLDERS, ULTIMATE OWNERS AND PARENT COMPANIES, ANY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) BE LIABLE TO YOU, ANY OTHER USER OF THE SERVICES, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, ATTEMPTED USE, INABILITY TO USE, ACCESS TO, OR USE OR MISUSE OF THE WEBSITE AND/OR THE SERVICES, OUR INTELLECTUAL PROPERTY, CONTENT, OR ANY INFORMATION CONTAINED THEREON, THEREIN, OR AVAILABLE THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WE SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS, FAILURE OF TELECOMMUNICATIONS SERVICE OR INTERNET CONNECTIONS, NOR FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS, OR WAYS NOT INTENDED BY US. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
IF APPLICABLE LAW DOES NOT PERMIT THE ABOVE LIMITATIONS, AND IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY EVENT UNDER THESE TERMS OR THE AGREEMENT, OUR TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR THE AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT OF THE (I) THE SUBSCRIPTION FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (II) US$500 IN AGGREGATE, WHICHEVER IS LOWER. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES, ANY INFORMATION CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO THE CONTENT OF SEARCH REPORTS, MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
THIS LIMITATION OF LIABILITY MAY BE UNENFORCEABLE AND INAPPLICABLE IN CERTAIN STATES. CONSUMERS IN THOSE STATES HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT THE DISCLAIMERS OF WARRANTIES AND EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD NOT TO APPLY TO YOU, THEN THE PROVISION ON SEVERABILITY IN SECTION 22 BELOW SHALL APPLY TO YOU.
To the fullest extent allowed by law, by using the Website and/or the Services you agree to indemnify, release and to hold harmless us, our parents, subsidiaries, affiliates, licensors and agents, as well as the officers, directors, employees, shareholders and representatives of any of them, from any and all liability, claims or actions of any kind whatsoever, including but not limited to costs, expenses, injuries, damages (whether direct, indirect, special, consequential, exemplary, punitive or other), or losses to persons and property which may be sustained in connection with your (i) use of the Website and/or the Services, or any material and content you obtain through the Website and/or the Services, including, but not limited to, information contained in search reports, or (ii) your failure to comply with these Terms or the Agreement including, but not limited to, your violation of any laws or any rights of another individual or entity.
16. GOVERNING LAW AND JURISDICTION
You agree that these Terms and the Agreement shall be deemed to have been made and executed in the Commonwealth of Virginia, USA, and any dispute arising hereunder shall be resolved in accordance with the law of the Commonwealth of Virginia excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods. Any cause of action excluded from Section 17 (“Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver”) below shall be commenced and maintained exclusively in any state or federal court located in the Commonwealth of Virginia having subject matter jurisdiction with respect to the dispute between the parties. You hereby consent to the exclusive personal jurisdiction and venue of such courts and expressly waive any challenge to said court’s personal jurisdiction or venue. In any dispute filed in such courts, the prevailing party shall be entitled to reasonable attorneys’ fees and expenses.
17. DISPUTE RESOLUTION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
However, this Section does not apply to the following types of claims or disputes, which you or we may bring pursuant to Section 16 above: (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.
You and we agree to make reasonable, good faith efforts 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 we do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or we may commence an arbitration. Written notice that you are initiating arbitration must be sent via postal mail to: ATTN: Arbitration Notice, Nuwber, Inc., 901 N. Pitt Street, Suite 170, Alexandria, VA 22314.
If we initiate arbitration against you, we will send you notice of such initiation to the mailing address you have provided as well as to the e-mail address you have provided. Receipt of such notice by you will be deemed effective upon mailing even if you have changed mailing or e-mail addresses and failed to inform us of such change. It is your obligation to maintain current mailing and e-mail address information with us.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by these Terms and the Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by these Terms and the Agreement. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. The arbitrator shall follow the substantive laws of the Commonwealth of Virginia, excluding its conflict of law provisions unless we agree that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. 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 HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@NUWBER.COM. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
We may transfer, assign, sublicense or pledge these Terms or the Agreement, in whole or in part, to any person without your consent. In the event of a change of control, merger, acquisition, or sale of our assets, your Account, balances and associated data may be part of the assets transferred to the purchaser or acquiring party without further notice to you, and by using the Website and/or Services you consent to any such transfer. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under these Terms or the Agreement.
19. ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “COMPLETE ORDER”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
20. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant that you are age eighteen (18) or older, that you have read these Terms and thoroughly understand them, that any Services or products you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute or export any Service, report produced therefrom, or product that you order from the Website. You further represent that we have the right to rely upon all information provided by you, and we may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.
21. FORCE MAJEURE
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay our performance.
If any provision of these Terms or the Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms or the Agreement, which shall remain in full force and effect.
The Agreement will take effect (or shall re-take effect) at the time you click “COMPLETE ORDER”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement and/or your account or relationship with us for all purposes, including Sections 13 through 22, as well as any representations, warranties, and other obligations made or undertaken by you.
24. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted on this Website or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website and your ordering, purchasing and use and/or attempted use of any Services or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25. CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms or the Agreement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes. Unless accepted by us in writing, these Terms may not be amended by you.
26. CONTACT INFORMATION
Questions about the Terms should be sent to email@example.com.
Date of Last Revision: July 9, 2018