Nodabl User Terms of Service

Effective Date: July 09, 2020

Thank you for using the Nodabl service (“Service” or “Services”).

By using the Service, including accessing our website at nodabl.co or providing feedback in response to a feedback request, you are agreeing to these Nodabl User Terms of Service (“User Terms”). These User Terms also apply to you if you are being invited to a workspace set up and controlled by an organization, like your employer. If this is the case, this means that the organization has subscribed to one of our organization plans, and you are accessing the organization’s workspace as an individual user. These User Terms are a binding agreement between you and Nodabl, Inc. If you do not agree to these User Terms, you should not use our Services. If you are subscribing to Nodabl on behalf of a business or other organization, the Nodabl Terms of Service for Organization Customers apply to such subscription.

IMPORTANT NOTE: These User Terms contain provisions that limit our liability to you and require you to resolve disputes individually, through final and binding arbitration. That means that you waive any right to have a judge or jury decide your case and that you cannot bring claims in a class action lawsuit (or any similar proceeding). Please see “Disclaimers”, “Limit of Liability” and “Governing Law and Dispute Resolution” below for more information.

Nodabl Users

To use the Services, you must be at least 18 years old. You can sign up to become a registered user of our Services, and if you do not register, you will still be able to provide feedback in response to requests from registered users. If you use the Services via a work email address or access your employer’s workspace, your access to and use of the Services may also be subject to your employer’s policies.

Nodabl Accounts

Your Nodabl account must be in your real name. Creating an account with false information is a violation of these User Terms. You are responsible for the activity in your account. If you think your account or password has been compromised, please tell us right away.

Changes to User Terms

We may change these User Terms at any time but changes will not be retroactive.

We will usually post changes at least two weeks before they take effect. However, if the changes cover new features or are made for legal reasons, they will take effect on the date shown in the new User Terms. We will notify you of changes by posting them on this page, so you should check back regularly. If you do not agree to a change, you should stop using our Services.

Your Content

As between you and Nodabl, you own the content that you submit to the Services and you only give Nodabl the limited right to use your content as described in these User Terms and our Privacy Notice. However, if you are invited to an organization’s workspace (like your employer’s), ownership of the content in that workspace is subject to the organization’s own rules and policies, including those around data retention. You may not have the ability to remove content you post to an organization’s workspace and the organization will have the ability to terminate your access to the workspace and your posted content. Nodabl reserves the right to act upon the assumption that the organization owns any content that you post to its workspace and is not obligated to remove, retain or cooperate in the protection such content.

You grant Nodabl a worldwide, perpetual, irrevocable, transferable and sublicensable right to use, copy, modify, distribute, publish, display and process your content without further consent, notice and/or compensation, but only: (i) to provide and improve the Services; (ii) to address technical or security issues and resolve support requests; (iii) to investigate and address potential violations of these User Terms, our rights or third party rights; (iv) as required by law or regulation; and (v) as otherwise set forth in our Privacy Notice. We may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), but we will not modify the meaning of your expression.

You agree that you’ll only provide content that does not violate the law or anyone’s rights (including intellectual property rights). Nodabl may be required by law to remove certain information or content in certain countries.

Your Suggestions

Nodabl appreciates your input. If you provide us with suggestions (e.g., input, feedback, etc.) we can use all of those suggestions in perpetuity, for any purpose and without compensation or accounting to you or to anyone else.

Your Conduct

You agree that you will comply with all applicable laws and regulations, provide accurate information and keep it updated and use the Services in a professional manner.

You agree that you will not:

  • Create an account for anyone else or use another registered user’s account;

  • Use the Services to spam or harass anyone;

  • Use crawlers, browser plugins or any other automated method to access or scrape the Services; override or bypass any security feature or access controls; submit software viruses, worms or other harmful code or interfere with the operation of the Services (e.g., denial of service attack, etc.); reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology; deep-link to the Services if we ask you not to; monitor the Services’ availability, performance or functionality for any competitive purpose; frame, mirror, overlay or otherwise modify the appearance of or simulate the Services; or rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services;

  • Share information that you do not have the right to disclose, such as confidential information of others (including your employer); violate anyone’s intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other proprietary rights; or copy, use, disclose or distribute any information obtained from the Services (including profiles) without our consent; or

  • State or imply that you are affiliated with or endorsed by Nodabl.

Communicating With You

You agree that we may communicate with you using any contact information you have provided us (e.g., email, mobile number, physical address). You may opt out of some of those communications.

Other Content

You agree that Nodabl is not responsible for others’ content, including content from other users. This content may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We can’t always prevent misuse of our Services, and you agree that we are not responsible for any such misuse.

Closing Accounts

Registered users can close their accounts at any time by emailing us at the address below. A registered user should email us from the email associated with the account that he/she wishes to close. Content that you have shared with others (e.g., another user or on someone else’s workspace) may still be available after your account is closed.

Service Changes, Limits and Termination

We may change or discontinue our Services at any time. We don’t promise to store or keep showing any content that you’ve posted or received or to provide you with a copy of any content except to the extent required by applicable law and as noted in our Privacy Notice. We reserve the rights to limit or terminate your use of the Services and/or to suspend or terminate your account.

Intellectual Property Rights

Nodabl reserves all rights in the Services. Using the Services or making suggestions does not give you ownership in our Services or the content on the Services or the right to use our branding or logos. Some software used in our Services may be subject to open source licenses that override some of these User Terms. We’ll make those licenses available at your request.

Disclaimers

TO THE EXTENT ALLOWED BY LAW, NODABL DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (e.g., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT). NODABL DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. WE MAKE THE SERVICES AVAILABLE “AS IS.”

IN SOME JURISDICTIONS, CERTAIN WARRANTIES CANNOT BE DISCLAIMED.

Limit of Liability

TO THE EXTENT ALLOWED BY LAW, NODABL AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES RELATED TO THE SERVICES (e.g., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR CONTENT).

TO THE EXTENT ALLOWED BY LAW, NODABL’S CUMULATIVE SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT YOU PAID FOR THE SERVICES. IF NO AMOUNT WAS PAID, THEN YOUR SOLE REMEDY UNDER THESE USER TERMS IS TO DISCONTINUE USE OF THE SERVICES, AND, IF YOU ARE A REGISTERED USER, TO CLOSE YOUR ACCOUNT. IN SOME JURISDICTIONS, CERTAIN LIABILITIES CANNOT BE LIMITED.

Governing Law and Dispute Resolution

The laws of the State of California, excluding conflict of laws rules, will exclusively govern any dispute relating to these User Terms, our Privacy Notice and/or our Services. Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, and you and Nodabl each agree to personal jurisdiction in those courts. Any claim arising out of or related to these User Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

Unless you opt out, you and Nodabl will resolve all claims relating to these User Terms or our Services through final and binding arbitration with the American Arbitration Association (including disputes about these arbitration provisions). The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules, in the United States county where you live or work, Los Angeles, CA, or any other location we agree to.

You can opt out of arbitration by sending a request to our email below. The email must be marked “LEGAL NOTICE: ARBITRATION OPT OUT” in the subject line and received within 30 days of the date that you first access our Services. You must include all information necessary for us to identify you. Once you opt out, your opt out will remain binding even if we update these User Terms.

Some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement.

General Terms

If any part of these User Terms can’t be enforced, the court or arbitrator should modify the User Terms to make that part enforceable while still achieving its intent. If that isn’t possible, then the unenforceable part should be removed without affecting the rest of these User Terms.

These User Terms (including any additional terms that we provide when you engage with particular features of the Services) are the only agreement between us regarding the Services and they supersede all other agreements for the Services. If we don't act to enforce a breach of these User Terms, that does not mean that we have waived our right to enforce them. You agree that the only way to provide us legal notice is at the addresses provided at the bottom of these User Terms.

You may not assign or transfer these User Terms or your account to anyone without our prior written consent. Nodabl may assign these User Terms to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries.

Privacy

When you use the Services, you agree that we can use your personal information in accord with our Privacy Notice.

Copyright Protection

We will respond to complaints of copyright infringement and terminate repeat infringers in accord with the Digital Millennium Copyright Act. To send us a copyright notice, you can follow the instructions in our Infringement Policy.

Where to Reach Us

Nodabl, Inc.
1025 Westwood Blvd., 2nd Floor
Los Angeles, CA 90024
legal@nodabl.co