Notice of your obligation to protect the security of your account and password;
Additional terms relating to your use of the NERV Mobile App;
Additional terms relating to your use of our Premium Version;
Notice of the types of use of the System that are prohibited and/or unlawful;
Notice of our copyright and proprietary rights in the System;
Our Digital Millennium Copyright Act (DMCA) Notice;
Description of your obligation to indemnify NERV for your use of the System;
Liability disclaimer that limits our liability to you;
General provisions such as the governing law and additional disclaimers; and
Password Accounts, Passwords, and Security
In order to access the System, you must create an account with NERV and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You acknowledge and agree that you are not permitted to create more than one account on the System. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the System registration mechanism (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or NERV has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, NERV has the right to suspend or terminate your account and refuse any and all current or future use of the System. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the System by using the applicable deactivation mechanism provided on the System.
In consideration of your access to and use of the System, you represent that you are of legal age to form a binding contract and are not a person barred from accessing or using the System under the laws of the United States or other applicable jurisdiction. Only individuals who are of legal age to form a binding contract under applicable law (i.e., eighteen (18) years of age or older in most jurisdictions) are permitted to create an account or register to use the System.
The NERV Mobile App
To use the NERV mobile application (the “NERV App”), you must have a compatible mobile device. NERV does not warrant that the NERV App will be compatible with your mobile device.
The NERV App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the NERV App.
If you buy any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes and to any additional terms specific to the Premium Services provided to you at the time of your purchase or that may later apply to your continued use of the Premium Services. Your payments for Premium Services may be processed by third parties such as Apple through the Apple App Store or by Google through Google’s Google Play Store. If your payments are processed by third parties, additional terms and conditions may apply to you.
Failure to pay the Premium Services fees will result in the termination of your Premium Services. Also, you agree that:
We may change, remove or add services and features to the Premium Services from time to time. We may also change our fees for Premium Services from time to time. You acknowledge our right to make such changes and agree that such changes do not entitle you to a refund of the fees paid for the Premium Services.
We may store your payment method (e.g., credit card) to avoid interruptions in your Premium Services;
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date;
You authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method; and
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Refunds for Premium Services
Generally, all charges for purchases on the System are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for the fees that you paid for Premium Services if you request the refund within fourteen days of the transaction date and you reside in the European Union (EU) or European Economic Area (EEA), or if the laws applicable in your jurisdiction provide for refunds. If you reside in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin, you may cancel your Premium Services account, without penalty or obligation, at any time prior to midnight of the third business day following the original date of purchase of such Premium Services, excluding Sundays and holidays. In the event that you die before the end of your subscription period and you resided in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin at the time of your death, your estate will be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period and you reside in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below. If you sign up for Premium Services and would like to request a refund, you must make your request through Apple or Google (depending on whether you downloaded the NERV App through the Apple App Store or by Google through Google’s Google Play Store).
NERV grants you a personal, non-transferable, and non-exclusive right and license to use the Services via the System solely for your internal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or access to any products, information, or other content available therein.
You agree not to use or launch any automated system (including “robots,” “spiders,” or “offline readers”) that access the System in a manner that sends more messages, requests, information, or content in a given period of time than can be reasonably performed by a human being. You further agree not to modify the System or any part thereof, in any form or manner, nor to use any modified versions of the System or other NERV products, software, or other content in order to gain unauthorized access to the System, or for any reason whatsoever, without the express written consent of NERV. You may not attempt to gain any unauthorized access to the System or any of its associated content, including computer systems, software, or networks.
No commercial use or redistribution of any content, software, or other NERV products is permitted, unless expressly specified in a prior agreement between you and NERV.
NERV reserves the right, in its sole discretion, to terminate your access to the System and the related Services or any portion thereof at any time, without notice.
No Unlawful or Prohibited Use
You may not use the Services in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System or Services. Furthermore, you may not probe, scan, test the vulnerability of, or breach any security or authentication measures of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. Also, you may not register or attempt to register, any party for use or access to the Services, unless expressly authorized by such party to do so.
The System may contain profiles, news feeds, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with a specified group or generally (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic; name, material or information;
Upload, post, transmit, or otherwise make available any contribution that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
Upload, post, email, transmit, or otherwise make available any material or content that contains viruses, or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or computer hardware or other telecommunications apparatus or otherwise damage the property of another entity or person;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
Violate any applicable laws or regulations;
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
“Stalk” or otherwise harass another person;
Use the System to conduct pyramid schemes, multi-level marketing or similar solicitations;
Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any System Content or information thereon; or
Delete or revise any contribution made by another person or entity without their express consent, unless such activity is expressly permitted by the Service used.
NERV has no obligation to monitor the Communication Services. However, NERV reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NERV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. For clarity, the “Communication Services” and the Premium Services are included as part of the “Services.”
NERV reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NERV’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children via the Services. NERV does not control or endorse the content, messages or information found in any Communication Service and, therefore, NERV specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
NERV does not own the materials you provide to NERV (including feedback and suggestions) or post, upload, input or submit via the System or Services, including any Communication Services, and you may request deletion of any such materials at any time, unless such content has been shared with, or copied and stored by other users of the System or Services. However, by posting, uploading, inputting, providing or submitting such content you are granting NERV a nonexclusive, irrevocable, worldwide, sublicenseable, perpetual, unlimited, assignable, fully paid up and royalty-free right to NERV to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such content.
All content posted, uploaded, inputted, or submitted by you via the System is at your own risk and you hereby represent and warrant that you have the full legal right to so use such content and that it is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Copyright and Proprietary Rights
You may not modify the System, Other Sites, or any material residing on such sites, except as specifically instructed or allowed in such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the System or Other Sites in any manner that infringes on the rights of any person or entity.
Digital Millennium Copyright Act Compliance
If you believe that your work has been copied, posted, stored, or otherwise transmitted using the System in a way that constitutes copyright infringement, please provide the following information to the designated agent listed below:
(a) a clear and complete description of the copyrighted work that you claim has been infringed;
(b) a clear and complete description of the material on the System that you claim to be infringing and a sufficient description of where the material can be located to enable NERV to find and remove it;
(c) sufficient information to contact you, such as your address, telephone number, and email address;
(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; and
(f) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SYSTEM. NERV, OUR PARTNERS, AFFILIATES, AND/OR OUR SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME.
NERV, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON OR OBTAINED THROUGH THE SYSTEM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NERV, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NERV AND OUR PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER NERV, NOR OUR PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THE SYSTEM WILL NECESSARILY BE SECURE.
IN NO EVENT SHALL NERV, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SYSTEM OR WITH THE DELAY OR INABILITY TO USE THE SYSTEM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF NERV, OUR PARTNERS, OUR AFFILIATES, AND/OR OUR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUR PARTNERS, OUR AFFILIATES, AND OUR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SYSTEM. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Reservation of Rights: Any rights not expressly granted herein are reserved.
No Editorial Control of Third Party Content; No Statement as to Accuracy:– To the extent that any of the content included in the System is provided by third party content providers or user, we have no editorial control or responsibility over such content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or user on the System are those of such third party suppliers or users. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of such content or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us.
Disclaimer: Content and other information contained on the System has been prepared by the us as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the content or other information contained in or linked to the System or any other website maintained by us. users relying on content or other information from the System do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services described herein, but are provided solely for general informational purposes; please refer to the actual lease or the relevant product or services agreement for complete terms and conditions. Should you lease a property from us or purchase a product or service from a third party, the terms and conditions applicable to that transaction will govern such rental or purchase, as applicable, and your use of the System does not affect that purchase in any manner.