Please read these Terms and Conditions (“Agreement”, “T&C”) carefully before using this website (“Website”) and the services offered herein (“Services”), which are operated by Near Me Moments, LLC, (“NearMe”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Services.
The trademarked items used by NearMe, including logos, are owned by the trademark holders and NearMe makes no representation that it has authorship or ownership rights over these trademarks. The trademarks are being used under the Doctrine of Fair Use.
Copyright and Intellectual Property
This Website contains content, features and functionality that are owned by NearMe and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not take any action to steal, modify, change or copy any content, feature or functionality on this Website, as it is protected by intellectual property laws. In addition, you may not take any action to reverse engineer, duplicate, modify or steal any software or code contained on the Website.
NearMe may terminate your access to this Website or ability to use or utilize the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions in these T&C that by their very nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations
Links To Other Sites
DISCLAIMER OF WARRANTIES
THE USE OF THE WEB SITE, THE CONTENT OR INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEARME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEARME MAKES NO WARRANTY THAT THE WEBSITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USING THE WEBSITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEARME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION, MALFUNCTIONS OF ANY HARDWARE, SOFTWARE OR OTHER ELEMENT OF A COMPUTER SYSTEM, ERRORS, FAILURE, MALFUNCTION OR DELAY IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
- THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
- ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR
- ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
Arbitration and Class Action Waiver
By using the Website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of NearMe and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by the T&C and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Website; (4) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other individuals; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the Company Entities shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their web site at www.jamsadr.com.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website or the Services immediately.
If you have any questions about this Agreement, please contact us at Erika@ESIPlaw.com or Near Me Moments, LLC, 30 Fox Hunt Drive, Unit 30, Bear, Delaware 19701.