Terms Of Service
The terms of this agreement (“Terms”) govern the relationship between you and us regarding your purchase and use of NUDGE.
You are agreeing to be bound by these Terms. Further, you are agreeing to be bound by all applicable laws and regulations, and agree that you are responsible for your compliance thereto.
If you do not agree with any of these Terms, please do not use NUDGE.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on our website. You may also be given additional notice, such as an e-mail message, of any change. You will be deemed to have accepted such changes should you continue to use NUDGE. All amended terms shall be considered effective immediately upon posting of same.
Use License/Intellectual Property
You are being granted temporary permission (a license) to use certain intellectual property to which we hold all rights, title, and interest, such as certain original writings, renderings, and visualizations. This information is ours, and is protected by intellectual property laws of the United States and the Berne Convention. It may only be used in the manner, to the extent, for the time period, and by the person/entity explicitly specified by us.
A major component of NUDGE is our provision of and license to use certain of our intellectual property, e.g., certain documents, newsletters, electronic renderings, charts, and/or other writings, renderings, and/or visualizations.
Your purchase and/or use of NUDGE does not grant you any rights to usage of our materials except as explicitly defined by us. We maintain all right, title, and interest to all intellectual property. You may not use, alter, disseminate, copy, decompile, reverse engineer, or mirror our materials for any purpose other than those purposes explicitly allowed by us.
This license shall automatically terminate if you violate any of the restrictions in these Terms.
General Representation and Warranty
You represent and warrant that (i) your use of NUDGE will be in strict accordance with these Terms and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area); and (ii) your use of NUDGE will not infringe or misappropriate our intellectual property rights or the intellectual property rights of any third party.
Choice of Law
Any claim arising from your purchase and/or use of NUDGE shall be governed by the laws of the State of California without regard to conflict of law provisions.
Limitation on Liability
In no event shall we be liable with respect to any subject matter of these Terms of Service under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) interruption of use or loss or corruption of data. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.