PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING.
Effective date: November 15, 2019
Welcome to trynesteggs.com (“Website”). Please read on to learn the rules and restrictions that govern your use of our Website, products, and services (collectively, the “services” and/or “information”). If you have any questions, comments, or concerns regarding these terms (these “Terms”) or the information, please contact us at email@example.com.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the information and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
We are constantly trying to improve our information, so these Terms may need to change along with the information. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the information. If you use the information in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the information or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
You may be required to sign up for an account and provide us with your email address. You promise to provide us with accurate, complete, and updated registration information about yourself. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
You may not use an email address that you don’t have the right to use, or another person’s email address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Nesteggs reserves the right to refuse registration of an email address in its discretion.
You will only use the information for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the information is prohibited by applicable laws, then you aren’t authorized to use the information. We can’t and won’t be responsible for your using the information in a way that breaks the law.
You will not share your account with anyone. You’re responsible for any activity associated with your account.
Your use of the information is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the information or interact with the information in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the information.
The materials displayed or performed or available on or through the information, including, but not limited to, text, graphics, data, photos, images, illustrations, newsletters, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the information, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content. You understand that Nesteggs owns the information.
End User won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the information unless otherwise permitted in these Terms.
The information may allow you to copy or download certain Content; please remember that just because this functionality exists within the information, doesn’t mean that all the restrictions above don’t apply – they do!
You access all information at your own risk, and we aren’t liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through the information.
Nesteggs has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the information (including, without limitation, the content, accuracy, or opinions newsletters). In addition, Nesteggs will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the information, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the information, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree that Nesteggs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
In the event that you have a dispute with a third party, you release Nesteggs, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our information. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
We’re always trying to improve the information, so they may change over time. We may suspend or discontinue any part of the information, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the information. We’ll try to give you notice when we make a material change to the information that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the information at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
End Users may choose to subscribe to newsletters and may agree to incur any such subscription fees.
Nesteggs may change the prices at their sole discretion (provided no price changes shall apply retroactively). All prices will be set in U.S. Dollars, and any payments End User makes to Nesteggs will be made in U.S. Dollars.
Nesteggs will use a third party payment processing company (“Third Party Payment Processor”) as determined by Nesteggs to process payment information from End Users,\. ANY AMOUNTS END USERS PAYS TO Nesteggs THROUGH THE THIRD PARTY PAYMENT PROCESSOR ARE NON-REFUNDABLE.
Nesteggs is also free to terminate (or suspend access to) your subscription, for any reason in our discretion, including your breach of these Terms. Nesteggs has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Nesteggs does not make any representations or warranties concerning any content contained in or accessed through the service, and we will not be responsible or liable for the accuracy. No part of the newsletter, can or should be construed as professional advice of any kind (including business, employment, investment, accounting, tax, and/or legal advice).
We make no representations or warranties regarding suggestions or recommendations of services or products offered.
THE SERVICES AND CONTENT ARE PROVIDED BY Nesteggs ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Nesteggs BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Nesteggs IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Nesteggs, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the information, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your information account, in any way (by operation of law or otherwise) without Nesteggs’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully. it requires you to arbitrate certain disputes and claims with Nesteggs and limits the manner in which you can seek relief from us. Both you and Nesteggs acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Nesteggs’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Nesteggs ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Nesteggs agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Nesteggs, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Nesteggs, and you do not have any authority of any kind to bind Nesteggs in any respect whatsoever. You and Nesteggs agree there are no third party beneficiaries intended under these Terms.
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