Nodabl Terms of Service

Effective Date: May 06 2019

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 Terms. These Terms are a binding agreement between you and Nodabl, Inc. If you do not agree to these Terms, you should not use our Services.

Nodabl Users

To use the Services, you must be at least 18 years old. The Services are currently offered solely for personal use. As between you and anyone else, including your employer, the information you post and your account belong to you. If you use the Services via a work email address, your access to and use of the Services may be subject to your employer’s policies.

If you register for the Service, you become a “Member.” If you do not register for the Service but you receive an invitation to join Nodabl or a request to provide feedback, you are an “Associate.”

Nodabl Accounts

You can only have one Nodabl account, which must be in your real name. Creating an account with false information is a violation of these 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 Terms

We may change these 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 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 Terms and our Privacy Notice.

You grant Nodabl a worldwide, perpetual, 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 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 (if you are a Member) and use the Services in a professional manner.

You agree that you will not:

  • Create an account for anyone else or use another Member’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 Members and Associates. 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

Members can close their accounts at any time by emailing us at the address below. Content that you have shared with others (e.g., with Associates or Members) 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 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 TERMS IS TO DISCONTINUE USE OF THE SERVICES, AND, IF YOU ARE A MEMBER, TO CLOSE YOUR ACCOUNT. IN SOME JURISDICTIONS, CERTAIN LIABILITIES CANNOT BE LIMITED.

Governing Law and Dispute Resolution

You and Nodabl agree that:

  • The laws of the State of California, U.S.A., excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms and/or the Services; and
  • Except for claims that are subject to the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, USA, and you and Nodabl each agree to personal jurisdiction in those courts.

If you are a U.S. resident, you and Nodabl also agree that:

  • Unless you opt out, you and Nodabl will resolve all claims relating to these Terms or the Services through final and binding arbitration with the American Arbitration Association. This includes disputes relating to interpretation or application of these arbitration provisions. The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules. The arbitration will be held in the United States county where you live or work, Los Angeles, CA, or any other location we agree
  • You can decline this agreement to arbitrate by submitting an opt out request to the email address at the bottom of these Terms. The email must be marked with “LEGAL NOTICE: ARBITRATION OPT OUT” in the subject line and received by Nodabl within 30 days of the date that you first access or register with the Service, whichever comes first. You must include all information necessary for us to associate your opt out request with your account or to identify you as an Associate. Once you opt out, your opt out will remain binding even if we update these Terms.
  • Certain 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 Terms can’t be enforced, the court or arbitrator should modify the 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 Terms.

These 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 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 Terms.

You may not assign or transfer these Terms or your account to anyone without our prior written consent. Nodabl may assign these 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

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