Effective as of 02/02/2016.aa
A. Acceptance of Terms
1. MEMBERSHIP ELIGIBILITY CRITERIA
You need not register with NASH to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account").
You are solely responsible for safeguarding your NASH password and, if applicable, your third-party site password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify NASH immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that NASH will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of NASH or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
2. ACCOUNT POLICIES
You acknowledge and agree that you shall comply with the following policies regarding your account (the "Account Policies"):
- You will provide truthful, accurate and complete information when creating your Account, and you will maintain the accuracy of such information.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without NASH's prior written approval.
- You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way transmit more request messages to the NASH servers, or any server of a NASH subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. NASH reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with NASH without express written permission from NASH.
- You shall not take any action that (i) unreasonably encumbers or, in NASH's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses NASH's measures that are used to prevent or restrict access to the Platform.
- You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should NASH find that you violated the terms of the membership eligibility criteria or any other terms stated herein, NASH reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
3. MOBILE APPLICATIONS
The following additional terms and conditions apply with respect to any Mobile Application that NASH provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- Your use of NASH’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- NASH, and not Apple, are solely responsible for NASH’s iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to NASH’s iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to NASH’s iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using NASH’s iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting and messages related to your Service ("Negotiation"), the posting of your desired Service ("Request"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- contains information known to you to be false, inaccurate or misleading;
- is, or may reasonably be considered to be, pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- infringes the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless (i) you are the owner of such rights (including, without limitation, all rights to reproduction and display of the Submitted Content) or have permission from the rightful owner to post the material and to grant NASH all of the license rights granted herein and (ii) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submitted Content;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- will result in you being compensated or granted any consideration by any third party for submitting your Submitted Content;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a NASH employee, agent, manager, host, another user, or any other person through any means;
- incorporates materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- advertises or solicits a business not related to or appropriate for the Platform (as determined by NASH in its sole discretion) including, but not limited to, a business not in our supported categories, a business providing only products (e.g. cell phones, furniture, etc.), a third-party service such as a directory or referral service, a lending service, a business offering rental space, a business promoting attendance at an event (e.g. a New Year’s Eve party or professional convention), or a business based outside of the United States;
- contains or could be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses, worms, spyware, adware, or other potentially damaging programs or files;
- contains any information that you consider confidential, proprietary or personal;
- is non-local or irrelevant content; or
- for content in Negotiations specifically, contains any content that overtly damages the Service User experience, including but not limited to requests to download non-NASH mobile applications and/or links that direct the user to "mirrored" websites where the user must enter information that is redundant with what has already been entered on NASH.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Services or the posting of prohibited content by using the contact information listed below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
By posting Submitted Content, you grant to NASH an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submitted Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submitted Content in any manner and for any purpose (including, without limitation, commercial purposes) that NASH deems appropriate in its sole discretion (including, without limitation, to incorporate your Submitted Content or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submitted Content and to use your Submitted Content for advertising and promotional purposes.
2. UNAUTHORIZED ACTIVITIES
NASH authorizes your use of the Platform only for Permitted Purposes. Any other use of the Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Platform. All rights in the Platform remain NASH’s property.
Unauthorized use of the Platform may result in violation of various United States and international copyright laws.
Unless you have written permission from NASH stating otherwise, you are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- For any public or commercial purpose which includes use of the Platform on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt the Platfrom or servers or networks connected to the Platform;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
- Attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Platform or an external website.
3. NO DISCRIMINATION
- 1. Employment Postings. Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. NASH will not knowingly accept any Posting for employment which is in violation of the law. NASH has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is in any way in violation of any federal, state, or local law.
- 2. Real Estate Postings. The Federal Fair Housing Act of 1968 prohibits real estate postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make any such preference, limitation or discrimination. NASH will not knowingly accept any Posting for real estate which is in violation of the law.
4. PROHIBITIONS WITH RESPECT TO SERVICES
By offering services through the Platform, Service Professionals hereby represent and warrant that they, and their employees, agents, contractors, subcontractors or employees who may perform work for them, are properly and fully licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. NASH may review license information provided by Service Professionals either in our discretion or at the request of the Service Professional, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is solely the responsibility of each Service User to determine whether a given Service Professional is qualified and capable of rendering services to them.
While using the Platform, you shall not:
- post content or items in any inappropriate category or areas on the Platform;
- fail to deliver payment (success fee or service fee) for Services purchased by you, unless the Service Professional has achieved no savings or additional gain for you during the negotiation of a deal, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
- fail to perform Services requested from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the pricing of any Service or interfere with other users' Postings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to NASH; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Platform user); or
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving comments, questions, suggestions or materials (collectively, “Feedback”) for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Negotiation or Request that restrict a Service Professional or a Service User from leaving Feedback. The foregoing list of prohibitions provide examples and are not complete or exclusive.
- 1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, NASH, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
- 2. Reporting Inappropriate Use of Feedback. You may contact NASH regarding any inappropriate use of Feedback via email at email@example.com.
- 3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Platform concerning Feedback, NASH shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, NASH HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
NASH reserves the right to (a) terminate your access to your Account or your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Deal; with or without cause and with or without notice, for any reason or no reason, or for any action that NASH determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. NASH reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that NASH deems appropriate in NASH's sole discretion. NASH may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at NASH's discretion, NASH will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. NASH does not and cannot review every Posting posted to the Platform. These prohibitions do not require NASH to monitor, police or remove any Postings or other information submitted by you or any other users.
D. Additional Rules for Service Professionals
1. PROFILES AND NEGOTIATIONS MUST NOT BE FRAUDULENT
2. PROFILES AND NEGOTIATIONS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT NASH FEES
3. PROFILES AND NEGOTIATIONS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS
4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Negotiation, NASH, in its sole discretion, may take any of the following actions: (a) cancel the Negotiation; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a canceled Negotiation; and/or (e) decrease the Service Professional's status earned via the Feedback page.
E. Additional Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying success or service fee; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) Post any request with a stated Starting Price that is not a valid price point for the selected item; upon request by NASH or by Service Professional, the Service User may be requested to provide verification of entered Starting Price as a pre-condition of further negotiation service or (d) misuse any options made available now or in the future by NASH in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Request, NASH, in its sole discretion, may take any of the following actions: (a) cancel the Request; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
F. Use of Submitted Content
1. NO CONFIDENTIALITY
You agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Platform, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. You agree that NASH shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO NASH
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to NASH for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to NASH a perpetual, worldwide, non-exclusive, fully-paid, royalty-free and transferable (sublicenseable through multiple tiers) license to link to: (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display the Submitted Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed; (b) use (and permit others to use) your Submitted Content in any manner and for any purpose (including, without limitation, commercial purposes) that NASH deems appropriate in NASH’s sole discretion (including, without limitation, to incorporate your Submitted Content or any modification thereto, in whole or in part, into any technology, product, or service); and (C) display advertisements in connection with your Submitted Content and to use your Submitted Content for advertising and promotional purposes.
4. NASH'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that NASH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NASH with respect thereto, and agree to indemnify and hold NASH, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
If you send or transmit any communications, comments, questions, suggestions, or related materials to NASH, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), NASH shall have no obligation concerning the Suggestions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Suggestions. Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and NASH is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that NASH is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
G. Mandatory Third-Party Verification Services
NASH uses a variety of tools in an effort to make the Platform as safe as possible for Service Professionals and Service Users. Among these tools are mandatory third-party verifications of professionals which may include identity, background, criminal, sex offender, reputation and other quality screens. NASH reserves the right to conduct these screens during sign up and at any future time during a Service Professional’s use of the Platform.
By registering as a Service Professional on the Platform, you do hereby consent to allow NASH to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Professional. You acknowledge and understand that NASH may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Professional on NASH if you do not want NASH to verify you using third-party service providers.
You hereby authorize NASH to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to NASH, and you acknowledge that NASH reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NASH FROM ANY LOSS OR LIABILITY THAT MAY RESULT FROM ANY THIRD-PARTY SCREENS. In addition, you do hereby understand and expressly agree that NASH does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. NASH retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services.
H. Optional Third-Party Verification Services
In addition to the mandatory checks described above, NASH offers Service Professionals the ability to opt into several verifications that may reflect on their trustworthiness to Service Users. The services described below are not exhaustive and do not limit NASH’s optional or mandatory verifications. NASH reserves the right to offer new verifications or remove existing verification options at any time.
NASH uses third-parties to provide criminal background check services to Service Professionals. These checks are meant to verify a Service Professional's identity and trustworthiness to Service Users. NASH also seeks to allow Service Professionals to showcase their professional license credentials. NASH uses available public information to facilitate the verification of Service Professionals' licenses, but cannot guarantee the accuracy or completeness of that information.
NASH may make these or other third-party verification services available to Service Professionals. Service Professionals may use these services to verify information such as, but not limited to, criminal background and professional license credentials.
Use of the optional third-party verification services is voluntary. You affirm that all of the information you provide to NASH as part of these optional third-party verification services is correct, complete, and applicable to you. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby understand and expressly agree that NASH offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service or the information provided by them. In addition, you understand that NASH may review the information provided by the third-party verification service and that NASH retains the right to terminate your Account based on such information.
If you use the optional third-party verification services, you understand that the information in the report may be displayed publicly on your Profile and may factor into Service Users' decisions to engage you as a Service Professional. You agree to indemnify and hold harmless NASH from any loss or liability that may result from your sharing this report publicly.
I. Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice NASH notifies you that it may, as part of your use of the Platform, use a third-party verification service to obtain a consumer report about you from a consumer reporting agency. 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. NASH will comply with the requirements of the FCRA in its use of this information. If you, as a Service Professional, decide to use or access information provided by a third-party verification service offered through the Platform, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Platform with any other party (either through this Platform or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold NASH harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. NASH does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
J. Copyright Infringement Take Down Procedure
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), NASH has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit NASH to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit NASH to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
NASH's designated Copyright Agent to receive Notice of claimed infringement is: Kristof Schum, who can be contacted as follows via: mail: 2108 Pine Street, Philadelphia, PA, 19103; email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to NASH customer service via email at email@example.com.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. NASH will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding NASH's instructions above, you are solely responsible for ensuring that any Notice you provide to NASH complies with the provisions of the DMCA. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
K. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
NASH reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that NASH shall not be liable to you or to any third party for any modification, suspension or discontinuance of NASH services.
2. TERMINATION BY NASH
3. TERMINATION BY YOU
You may cancel your use of the Platform and/or terminate your Account with or without cause at any time by writing to firstname.lastname@example.org to "Deactivate Account."
4. EFFECT OF TERMINATION
Unless NASH has previously canceled or terminated your use of the Platform (in which case subsequent notice by NASH shall not be required), if you provided a valid email address during registration, NASH will notify you via email of any such termination or cancellation, which shall be effective immediately upon NASH's delivery of such notice. Upon a Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of NASH Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that NASH shall not be liable to you or any third party for any termination of your access to the Platform. Upon a Termination of Service, NASH retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted NASH hereunder shall remain in effect for the foregoing purpose. In no event is NASH obligated to return any Submitted Content to you. Sections G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
L. Intellectual Property Rights
1. NASH OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by NASH, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners. Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NASH reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. NASH'S LICENSE TO YOU FOR THE USE OF THE PLATFORM, DATA, AND MARKS
The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell. NASH may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Platform; provided, however, that you provide a link back to the Platform on any pages that contain the Embeddable Player. NASH reserves the right to discontinue any aspect of the Platform at any time.
3. PROPRIETARY RIGHTS
M. NASH Fees
1. FEES INCURRED BY SERVICE PROFESSIONALS
Joining NASH, being listed in matching processes for negotiations and being eligible to conduct negotiations for Service Professionals is free. NASH reserves the right to charge Success Fee at the given contracted rate (“Contracted Rate”) with each Service Professional. NASH also reserves the right at its sole discretion to charge fees to Service Professionals for other services that NASH may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by NASH, or conducting transactions with Service Users through NASH.
NASH offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping, that Service Professionals can also choose to purchase. NASH reserves the right to charge fees for these services at its sole discretion.
2. FEES INCURRED BY SERVICE USERS
Joining NASH, posting Requests and engaging with Service Professionals is free. NASH currently charges Service Users no upfront fees for transactions completed on the Platform, fees only occur to Service Users on a Success Fee basis. NASH reserves the right to charge Success Fees to Service Users based on the mutually agreed savings achieved during a Negotiation. The amount of Success Fee is defined by the “Agreement for Service”, which is provided on the Platform before each negotiation Service starts, and is calculated as the difference between the Starting Price provided by Service User on the Platform for each Request and the Landing Price accepted also by the Service User on the Platform. NASH reserves the right to verify the validity of a Landing Price after following a successful negotiation in lieu of Service User’s acceptance with a written Letter of Intent from the negotiation counterpart as a proof of evidence. However, also NASH reserves the right to charge a fee to Service Users on non-success fee based service when the type of service, including but not limited to coaching services, requires. Changes to this Fee Policy are effective after NASH has provided you with fourteen (14) days' notice by posting the changes on the Platform.
3. PAYMENT OF FEES
You understand that we are acting solely as an intermediary for the collection of fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer tax advice to either Service Professionals or Service Users.
5. REFUND POLICY
All sales and transactions on NASH are final and non-refundable.
N. Agreement for Service; Disputes Between Registered Users
1. AGREEMENT FOR SERVICE AND RESOLUTION WORKSHEET
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, NASH provides an electronic copy of the facts, terms and conditions of each negotiation before Service Professionals start providing Service. Service Professionals will not start service provisioning until the Agreement for Service is accepted by Service Users.
In addition to Agreement for Service, Nash provides a general framework ("Resolution Worksheet") for any negotiation or dispute arising between Service Professionals and Service Users. Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a dispute resolution process supported by the provided Resolution Worksheet. You should not rely on the any information or resources contained on the Platform, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. NASH makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platforms, including, without limitation, the Resolution Worksheet. In no way will NASH be responsible for any actions taken or not taken based on the information or resources provided on this Platform, or taken or not taken by Service Professionals. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
2. NASH IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that NASH is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
3. NO AGENCY OR PARTNERSHIP
4. RELATIONSHIP BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users. Please see the NASH Safety guidelines for more information on NASH’s practices and suggestions of hiring criteria. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Negotiations, Requests and/or Feedback, is your personal decision for which you alone are responsible. You understand that NASH does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. NASH is not responsible for the interactions, transaction, or dealings between any Service Professional and Service User. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT NASH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT NASH IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE NASH, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
O. Dispute Resolution
1. GOVERNING LAW
Aspects of the Platform and other NASH services may be supported by advertising revenue. As such, NASH may display advertisements and promotions on the service. The manner, mode and extent of advertising by NASH on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by NASH of any advertised products or services. You agree that NASH shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
Q. Third-party Links, Advertisements, Contact Forms and Phone Numbers
R. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. NASH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT NASH DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, NASH makes no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. NASH makes no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from NASH or NASH’s subsidiaries/other affiliated companies shall create any warranty. NASH disclaims all equitable indemnities. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR USER SUBMISSIONS AND COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE.
S. Limitations of Liability
3. FORCE MAJEURE
T. Indemnification and Release
U. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
V. No Third-party Beneficiaries
W. Contacting You
X. General Information
2. CONTACT INFORMATION
contact us by sending an email to email@example.com, or by writing to: NASH
2108 Pine Street
Philadelphia, PA 19103
3. SECTION HEADINGS