Terms and Conditions

Last  updated February 16,  2023

TABLE OF  CONTENTS

1. AGREEMENT TO  TERMS
2. INTELLECTUAL  PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER  REGISTRATION
5. PROHIBITED  ACTIVITIES
6. USER GENERATED  CONTRIBUTIONS
7. CONTRIBUTION LICENSE

8. MOBILE APPLICATION  LICENSE
9. SOCIAL MEDIA
10. SUBMISSIONS
11. THIRD-PARTY  WEBSITE AND CONTENT

12. SITE MANAGEMENT
13. PRIVACY POLICY


14. TERM AND  TERMINATION
15. MODIFICATIONS  AND INTERRUPTIONS
16. GOVERNING  LAW
17. DISPUTE  RESOLUTION
18. CORRECTIONS
19.  DISCLAIMER
20. LIMITATIONS OF  LIABILITY
21. INDEMNIFICATION
22. USER  DATA
23. ELECTRONIC  COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25.  MISCELLANEOUS










26. CONTACT US




1. AGREEMENT TO  TERMS


 These  Terms of Use constitute a legally binding agreement made between you, whether  personally or on behalf of an entity (“you”) and Nu-Rekall® ("Company," “we,"  “us," or “our”), concerning your access to and  use of the nu-rekall website as well  as any other media form, media channel, mobile website or mobile application  related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Nevada, United  States and have our  registered office at 1159 Ramsbrook Ave, Henderson, NV 89052. You agree that by  accessing the Site, you have read, understood, and agreed to be bound by all of  these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU  ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE  IMMEDIATELY.


 Supplemental  terms and conditions or documents that may be posted on the Site from time to  time are hereby expressly incorporated herein by reference. We reserve the  right, in our sole discretion, to make changes or modifications to these Terms  of Use from time to time. We will alert you about any changes by updating the  “Last updated” date of these Terms of Use, and you waive any right to receive  specific notice of each such change. Please ensure that you check the applicable  Terms every time you use our Site so that you understand which Terms apply. You  will be subject to, and will be deemed to have been made aware of and to have  accepted, the changes in any revised Terms of Use by your continued use of the  Site after the date such revised Terms of Use are posted.


 The  information provided on the Site is not intended for distribution to or use by  any person or entity in any jurisdiction or country where such distribution or  use would be contrary to law or regulation or which would subject us to any  registration requirement within such jurisdiction or country. Accordingly, those  persons who choose to access the Site from other locations do so on their own  initiative and are solely responsible for compliance with local laws, if and to  the extent local laws are applicable.



 The  Site is not tailored to comply with industry-specific regulations (Health  Insurance Portability and Accountability Act (HIPAA), Federal Information  Security Management Act (FISMA), etc.), so if your interactions would be  subjected to such laws, you may not use this Site. You may not use the Site in a  way that would violate the Gramm-Leach-Bliley Act (GLBA).


 All users who are minors in the  jurisdiction in which they reside (generally under the age of 18) must have the  permission of, and be directly supervised by, their parent or guardian to use  the Site. If you are a minor, you must have your parent or guardian read and  agree to these Terms of Use prior to you using the  Site.


 

2. INTELLECTUAL  PROPERTY RIGHTS


 Unless  otherwise indicated, the Site is our proprietary property and all source code,  databases, functionality, software, website designs, audio, video, text,  photographs, and graphics on the Site (collectively, the “Content”) and the  trademarks, service marks, and logos contained therein (the “Marks”) are owned  or controlled by us or licensed to us, and are protected by copyright and  trademark laws and various other intellectual property rights and unfair  competition laws of the United States, international copyright laws, and  international conventions. The Content and the Marks are provided on the Site  “AS IS” for your information and personal use only. Except as expressly provided  in these Terms of Use, no part of the Site and no Content or Marks may be  copied, reproduced, aggregated, republished, uploaded, posted, publicly  displayed, encoded, translated, transmitted, distributed, sold, licensed, or  otherwise exploited for any commercial purpose whatsoever, without our express  prior written permission.


 Provided  that you are eligible to use the Site, you are granted a limited license to  access and use the Site and to download or print a copy of any portion of the  Content to which you have properly gained access solely for your personal,  non-commercial use. We reserve all rights not expressly granted to you in and to  the Site, the Content and the Marks.


 

3. USER  REPRESENTATIONS


  By using the  Site, you represent and warrant that: (1) all registration information you  submit will be true, accurate, current, and complete; (2) you will maintain the accuracy  of such information and promptly update such registration information as  necessary; (3) you have the legal capacity and  you agree to comply with these Terms of Use; (4) you are not a minor in the  jurisdiction in which you reside, or if a  minor, you have received parental permission to use the Site; (5) you will not access the Site  through automated or non-human means, whether through a bot, script, or  otherwise; (6) you will not use the Site for  any illegal or unauthorized purpose; and (7) your use of the Site will not  violate any applicable law or regulation.


 If you provide  any information that is untrue, inaccurate, not current, or incomplete, we have  the right to suspend or terminate your account and refuse any and all current or  future use of the Site (or any portion thereof).


 

 4. USER  REGISTRATION
  You may be  required to register with the Site. You agree to keep your password confidential  and will be responsible for all use of your account and password. We reserve the  right to remove, reclaim, or change a username you select if we determine, in  our sole discretion, that such username is inappropriate, obscene, or otherwise  objectionable.




 
 5. PROHIBITED  ACTIVITIES


 You may not  access or use the Site for any purpose other than that for which we make the  Site available. The Site may not be used in connection with any commercial  endeavors except those that are specifically endorsed or approved by  us.


   As a user of  the Site, you agree not to:
Systematically  retrieve data or other content from the Site to create or compile, directly or  indirectly, a collection, compilation, database, or directory without written  permission from us. Trick,  defraud, or mislead us and other users, especially in any attempt to learn  sensitive account information such as user  passwords. Circumvent,  disable, or otherwise interfere with security-related features of the Site,  including features that prevent or restrict the use or copying of any Content or  enforce limitations on the use of the Site and/or the Content contained  therein. Disparage,  tarnish, or otherwise harm, in our opinion, us and/or the  Site. Use  any information obtained from the Site in order to harass, abuse, or harm  another person. Make  improper use of our support services or submit false reports of abuse or  misconduct. Use  the Site in a manner inconsistent with any applicable laws or  regulations. Engage  in unauthorized framing of or linking to the  Site. Upload  or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or  other material, including excessive use of capital letters and spamming  (continuous posting of repetitive text), that interferes with any party’s  uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,  alters, or interferes with the use, features, functions, operation, or  maintenance of the Site. Engage  in any automated use of the system, such as using scripts to send comments or  messages, or using any data mining, robots, or similar data gathering and  extraction tools. Delete  the copyright or other proprietary rights notice from any  Content. Attempt  to impersonate another user or person or use the username of another  user. Upload  or transmit (or attempt to upload or to transmit) any material that acts as a  passive or active information collection or transmission mechanism, including  without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web  bugs, cookies, or other similar devices (sometimes referred to as “spyware” or  “passive collection mechanisms” or “pcms”). Interfere  with, disrupt, or create an undue burden on the Site or the networks or services  connected to the Site. Harass,  annoy, intimidate, or threaten any of our employees or agents engaged in  providing any portion of the Site to you. Attempt  to bypass any measures of the Site designed to prevent or restrict access to the  Site, or any portion of the Site. Copy  or adapt the Site’s software, including but not limited to Flash, PHP, HTML,  JavaScript, or other code. Except  as permitted by applicable law, decipher, decompile, disassemble, or reverse  engineer any of the software comprising or in any way making up a part of the  Site. Except  as may be the result of standard search engine or Internet browser usage, use,  launch, develop, or distribute any automated system, including without  limitation, any spider, robot, cheat utility, scraper, or offline reader that  accesses the Site, or using or launching any unauthorized script or other  software. Use  a buying agent or purchasing agent to make purchases on the  Site. Make  any unauthorized use of the Site, including collecting usernames and/or email  addresses of users by electronic or other means for the purpose of sending  unsolicited email, or creating user accounts by automated means or under false  pretenses. Use  the Site as part of any effort to compete with us or otherwise use the Site  and/or the Content for any revenue-generating endeavor or commercial  enterprise.




 6. USER  GENERATED CONTRIBUTIONS


 The Site does not offer users to submit or post  content. We may provide you with the opportunity to create, submit, post,  display, transmit, perform, publish, distribute, or broadcast content and  materials to us or on the Site, including but not limited to text, writings,  video, audio, photographs, graphics, comments, suggestions, or personal  information or other material (collectively, "Contributions"). Contributions may  be viewable by other users of the Site and through third-party websites. As  such, any Contributions you transmit may be treated in accordance with the Site  Privacy Policy. When you create or make available any Contributions, you thereby  represent and warrant that: The creation, distribution, transmission, public  display, or performance, and the accessing, downloading, or copying of your  Contributions do not and will not infringe the proprietary rights, including but  not limited to the copyright, patent, trademark, trade secret, or moral rights  of any third party. You are the creator and owner of  or have the necessary licenses, rights, consents, releases, and permissions to  use and to authorize us, the Site, and other users of the Site to use your  Contributions in any manner contemplated by the Site and these Terms of  Use. You have the written consent,  release, and/or permission of each and every identifiable individual person in  your Contributions to use the name or likeness of each and every such  identifiable individual person to enable inclusion and use of your Contributions  in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false,  inaccurate, or misleading. Your Contributions are not  unsolicited or unauthorized advertising, promotional materials, pyramid schemes,  chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not  obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or  otherwise objectionable (as determined by us). Your Contributions do not  ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to  harass or threaten (in the legal sense of those terms) any other person and to  promote violence against a specific person or class of people. Your Contributions do not violate  any applicable law, regulation, or rule. Your Contributions do not violate  the privacy or publicity rights of any third party. Your Contributions do not violate  any applicable law concerning child pornography, or otherwise intended to  protect the health or well-being of minors. Your Contributions do not include  any offensive comments that are connected to race, national origin, gender,  sexual preference, or physical handicap. Your Contributions do not  otherwise violate, or link to material that violates, any provision of these  Terms of Use, or any applicable law or  regulation. Any use of the  Site in violation of the foregoing violates these Terms of Use and may result  in, among other things, termination or suspension of your rights to use the  Site.




  7. CONTRIBUTION  LICENSE


You agree that  we may access, store, process, and use any information and personal data that  you provide following the terms of the Privacy Policy and your choices  (including settings).


By submitting  suggestions or other feedback regarding the Site, you agree that we can use and  share such feedback for any purpose without compensation to you.


We do not  assert any ownership over your Contributions. You retain full ownership of all  of your Contributions and any intellectual property rights or other proprietary  rights associated with your Contributions. We are not liable for any statements  or representations in your Contributions provided by you in any area on the  Site. You are solely responsible for your Contributions to the Site and you  expressly agree to exonerate us from any and all responsibility and to refrain  from any legal action against us regarding your Contributions.







8. MOBILE  APPLICATION LICENSE


 
Use  License


 If  you access the Site via a mobile application, then we grant you a revocable,  non-exclusive, non-transferable, limited right to install and use the mobile  application on wireless electronic devices owned or controlled by you, and to  access and use the mobile application on such devices strictly in accordance  with the terms and conditions of this mobile application license contained in  these Terms of Use. You shall not: (1) except as permitted by applicable law,  decompile, reverse engineer, disassemble, attempt to derive the source code of,  or decrypt the application; (2) make any modification, adaptation, improvement,  enhancement, translation, or derivative work from the application; (3) violate  any applicable laws, rules, or regulations in connection with your access or use  of the application; (4) remove, alter, or obscure any proprietary notice  (including any notice of copyright or trademark) posted by us or the licensors  of the application; (5) use the application for any revenue generating endeavor,  commercial enterprise, or other purpose for which it is not designed or  intended; (6) make the application available over a network or other environment  permitting access or use by multiple devices or users at the same time; (7) use  the application for creating a product, service, or software that is, directly  or indirectly, competitive with or in any way a substitute for the application;  (8) use the application to send automated queries to any website or to send any  unsolicited commercial e-mail; or (9) use any proprietary information or any of  our interfaces or our other intellectual property in the design, development,  manufacture, licensing, or distribution of any applications, accessories, or  devices for use with the application.


 Apple and Android  Devices


 The  following terms apply when you use a mobile application obtained from either the  Apple Store or Google Play (each an “App Distributor”) to access the Site: (1)  the license granted to you for our mobile application is limited to a  non-transferable license to use the application on a device that utilizes the  Apple iOS or Android operating systems, as applicable, and in accordance with  the usage rules set forth in the applicable App Distributor’s terms of service;  (2) we are responsible for providing any maintenance and support services with  respect to the mobile application as specified in the terms and conditions of  this mobile application license contained in these Terms of Use or as otherwise  required under applicable law, and you acknowledge that each App Distributor has  no obligation whatsoever to furnish any maintenance and support services with  respect to the mobile application; (3) in the event of any failure of the mobile  application to conform to any applicable warranty, you may notify the applicable  App Distributor, and the App Distributor, in accordance with its terms and  policies, may refund the purchase price, if any, paid for the mobile  application, and to the maximum extent permitted by applicable law, the App  Distributor will have no other warranty obligation whatsoever with respect to  the mobile application; (4) 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; (5) you must comply with applicable third-party terms of agreement when  using the mobile application, e.g., if you have a VoIP application, then you  must not be in violation of their wireless data service agreement when using the  mobile application; and (6) you acknowledge and agree that the App Distributors  are third-party beneficiaries of the terms and conditions in this mobile  application license contained in these Terms of Use, and that each App  Distributor will have the right (and will be deemed to have accepted the right)  to enforce the terms and conditions in this mobile application license contained  in these Terms of Use against you as a third-party beneficiary  thereof.






9. SOCIAL  MEDIA


As  part of the functionality of the Site, you may link your account with online  accounts you have with third-party service providers (each such account, a  “Third-Party Account”) by either: (1) providing your Third-Party Account login  information through the Site; or (2) allowing us to access your Third-Party  Account, as is permitted under the applicable terms and conditions that govern  your use of each Third-Party Account. You represent and warrant that you are  entitled to disclose your Third-Party Account login information to us and/or  grant us access to your Third-Party Account, without breach by you of any of the  terms and conditions that govern your use of the applicable Third-Party Account,  and without obligating us to pay any fees or making us subject to any usage  limitations imposed by the third-party service provider of the Third-Party  Account. By granting us access to any Third-Party Accounts, you understand that  (1) we may access, make available, and store (if applicable) any content that  you have provided to and stored in your Third-Party Account (the “Social Network  Content”) so that it is available on and through the Site via your account,  including without limitation any friend lists and (2) we may submit to and  receive from your Third-Party Account additional information to the extent you  are notified when you link your account with the Third-Party Account. Depending  on the Third-Party Accounts you choose and subject to the privacy settings that  you have set in such Third-Party Accounts, personally identifiable information  that you post to your Third-Party Accounts may be available on and through your  account on the Site. Please note that if a Third-Party Account or associated  service becomes unavailable or our access to such Third Party Account is  terminated by the third-party service provider, then Social Network Content may  no longer be available on and through the Site. You will have the ability to  disable the connection between your account on the Site and your Third-Party  Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY  SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY  BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort  to review any Social Network Content for any purpose, including but not limited  to, for accuracy, legality, or non-infringement, and we are not responsible for  any Social Network Content. You acknowledge and agree that we may access your  email address book associated with a Third-Party Account and your contacts list  stored on your mobile device or tablet computer solely for purposes of  identifying and informing you of those contacts who have also registered to use  the Site. You can deactivate the connection between the Site and your  Third-Party Account by contacting us using the contact information below or  through your account settings (if applicable). We will attempt to delete any  information stored on our servers that was obtained through such Third-Party  Account, except the username and profile picture that become associated with  your account.





10. SUBMISSIONS


You  acknowledge and agree that any questions, comments, suggestions, ideas,  feedback, or other information regarding the Site ("Submissions") provided by  you to us are non-confidential and shall become our sole property. We shall own  exclusive rights, including all intellectual property rights, and shall be  entitled to the unrestricted use and dissemination of these Submissions for any  lawful purpose, commercial or otherwise, without acknowledgment or compensation  to you. You hereby waive all moral rights to any such Submissions, and you  hereby warrant that any such Submissions are original with you or that you have  the right to submit such Submissions. You agree there shall be no recourse  against us for any alleged or actual infringement or misappropriation of any  proprietary right in your Submissions.





11. THIRD-PARTY  WEBSITE AND CONTENT


The  Site may contain (or you may be sent via the Site) links to other websites  ("Third-Party Websites") as well as articles, photographs, text, graphics,  pictures, designs, music, sound, video, information, applications, software, and  other content or items belonging to or originating from third parties  ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are  not investigated, monitored, or checked for accuracy, appropriateness, or  completeness by us, and we are not responsible for any Third-Party Websites  accessed through the Site or any Third-Party Content posted on, available  through, or installed from the Site, including the content, accuracy,  offensiveness, opinions, reliability, privacy practices, or other policies of or  contained in the Third-Party Websites or the Third-Party Content. Inclusion of,  linking to, or permitting the use or installation of any Third-Party Websites or  any Third-Party Content does not imply approval or endorsement thereof by us. If  you decide to leave the Site and access the Third-Party Websites or to use or  install any Third-Party Content, you do so at your own risk, and you should be  aware these Terms of Use no longer govern. You should review the applicable  terms and policies, including privacy and data gathering practices, of any  website to which you navigate from the Site or relating to any applications you  use or install from the Site. Any purchases you make through Third-Party  Websites will be through other websites and from other companies, and we take no  responsibility whatsoever in relation to such purchases which are exclusively  between you and the applicable third party. You agree and acknowledge that we do  not endorse the products or services offered on Third-Party Websites and you  shall hold us harmless from any harm caused by your purchase of such products or  services. Additionally, you shall hold us harmless from any losses sustained by  you or harm caused to you relating to or resulting in any way from any  Third-Party Content or any contact with Third-Party Websites.





 
12. SITE  MANAGEMENT


 We  reserve the right, but not the obligation, to: (1) monitor the Site for  violations of these Terms of Use; (2) take appropriate legal action against  anyone who, in our sole discretion, violates the law or these Terms of Use,  including without limitation, reporting such user to law enforcement  authorities; (3) in our sole discretion and without limitation, refuse, restrict  access to, limit the availability of, or disable (to the extent technologically  feasible) any of your Contributions or any portion thereof; (4) in our sole  discretion and without limitation, notice, or liability, to remove from the Site  or otherwise disable all files and content that are excessive in size or are in  any way burdensome to our systems; and (5) otherwise manage the Site in a manner  designed to protect our rights and property and to facilitate the proper  functioning of the Site.


 


13. PRIVACY  POLICY


We  care about data privacy and security. Please review our Privacy  Policy: __________. By using the Site, you agree to be  bound by our Privacy Policy, which is incorporated into these Terms of Use.  Please be advised the Site is hosted in the United States. If you access the Site from any other  region of the world with laws or other requirements governing personal data  collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the  Site, you are transferring your data to the United States, and you agree to have your data transferred  to and processed in the United States.




 


 14. TERM  AND TERMINATION


 These  Terms of Use shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT  TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND  USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY  REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY  REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY  APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE  SITE OR DELETE YOUR  ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY  TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


 If  we terminate or suspend your account for any reason, you are prohibited from  registering and creating a new account under your name, a fake or borrowed name,  or the name of any third party, even if you may be acting on behalf of the third  party. In addition to terminating or suspending your account, we reserve the  right to take appropriate legal action, including without limitation pursuing  civil, criminal, and injunctive redress.


 

15. MODIFICATIONS  AND INTERRUPTIONS


 We  reserve the right to change, modify, or remove the contents of the Site at any  time or for any reason at our sole discretion without notice. However, we have  no obligation to update any information on our Site. We also reserve the right  to modify or discontinue all or part of the Site without notice at any time. We  will not be liable to you or any third party for any modification, price change,  suspension, or discontinuance of the Site.


 We  cannot guarantee the Site will be available at all times. We may experience  hardware, software, or other problems or need to perform maintenance related to  the Site, resulting in interruptions, delays, or errors. We reserve the right to  change, revise, update, suspend, discontinue, or otherwise modify the Site at  any time or for any reason without notice to you. You agree that we have no  liability whatsoever for any loss, damage, or inconvenience caused by your  inability to access or use the Site during any downtime or discontinuance of the  Site. Nothing in these Terms of Use will be construed to obligate us to maintain  and support the Site or to supply any corrections, updates, or releases in  connection therewith.


 

16. GOVERNING  LAW



These  Terms of Use and your use of the Site are governed by and construed in  accordance with the laws of the State  of Nevada applicable to  agreements made and to be entirely performed within the State of Nevada, without regard  to its conflict of law principles.




17. DISPUTE  RESOLUTION


  Informal  Negotiations


 To expedite  resolution and control the cost of any dispute, controversy, or claim related to  these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by  either you or us (individually, a “Party” and collectively, the “Parties”), the  Parties agree to first attempt to negotiate any Dispute (except those Disputes  expressly provided below) informally for at least thirty (30) days before  initiating arbitration. Such informal negotiations commence upon written notice  from one Party to the other Party.


 Binding  Arbitration



 If the Parties  are unable to resolve a Dispute through informal negotiations, the Dispute  (except those Disputes expressly excluded below) will be finally and exclusively  resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS  PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The  arbitration shall be commenced and conducted under the Commercial Arbitration  Rules of the American Arbitration Association ("AAA") and, where appropriate,  the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer  Rules"), both of which are available at the AAA website: www.adr.org. Your  arbitration fees and your share of arbitrator compensation shall be governed by  the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer  Rules. The arbitration  may be conducted in person, through the submission of documents, by phone, or  online. The arbitrator will make a decision in writing, but need not provide a  statement of reasons unless requested by either Party. The arbitrator must  follow applicable law, and any award may be challenged if the arbitrator fails  to do so. Except where otherwise required by the applicable AAA rules or  applicable law, the arbitration will take place in United State of  America, Nevada. Except as otherwise provided herein,  the Parties may litigate in court to compel arbitration, stay proceedings  pending arbitration, or to confirm, modify, vacate, or enter judgment on the  award entered by the  arbitrator.
   If for any  reason, a Dispute proceeds in court rather than arbitration, the Dispute shall  be commenced or prosecuted in the state and  federal courts located in United State of  America, Nevada, and the Parties hereby consent to, and  waive all defenses of lack of personal jurisdiction, and forum non conveniens  with respect to venue and jurisdiction in such state and federal courts. Application of the United  Nations Convention on Contracts for the International Sale of Goods and the  Uniform Computer Information Transaction Act (UCITA) is excluded from these  Terms of Use.


 In no event shall any Dispute brought by either Party related  in any way to the Site be commenced more than one (1) years after the  cause of action arose. If this provision is found to be illegal or  unenforceable, then neither Party will elect to arbitrate any Dispute falling  within that portion of this provision found to be illegal or unenforceable, and  such Dispute shall be decided by a court of competent jurisdiction within the  courts listed for jurisdiction above, and the Parties agree to submit to the  personal jurisdiction of that court.


 Restrictions


 The Parties  agree that any arbitration shall be limited to the Dispute between the Parties  individually. To the full extent permitted by law, (a) no arbitration shall be  joined with any other proceeding; (b) there is no right or authority for any  Dispute to be arbitrated on a class-action basis or to utilize class action  procedures; and (c) there is no right or authority for any Dispute to be brought  in a purported representative capacity on behalf of the general public or any  other persons.


 Exceptions to  Informal Negotiations and Arbitration


 The Parties  agree that the following Disputes are not subject to the above provisions  concerning informal negotiations and binding arbitration: (a) any Disputes  seeking to enforce or protect, or concerning the validity of, any of the  intellectual property rights of a Party; (b) any Dispute related to, or arising  from, allegations of theft, piracy, invasion of privacy, or unauthorized use;  and (c) any claim for injunctive relief. If this provision is found to be  illegal or unenforceable, then neither Party will elect to arbitrate any Dispute  falling within that portion of this provision found to be illegal or  unenforceable and such Dispute shall be decided by a court of competent  jurisdiction within the courts listed for jurisdiction above, and the Parties  agree to submit to the personal jurisdiction of that  court.


 

18. CORRECTIONS


 There  may be information on the Site that contains typographical errors, inaccuracies,  or omissions, including descriptions, pricing, availability, and various other  information. We reserve the right to correct any errors, inaccuracies, or  omissions and to change or update the information on the Site at any time,  without prior notice.


 

19. DISCLAIMER


 THE  SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF  THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT  PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION  WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND  NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR  COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE  SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,  MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR  PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE  OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR  ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,  (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY  BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH  THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT  AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE  USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY  PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY  HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER  OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE  FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF  PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY  MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE  CAUTION WHERE APPROPRIATE.


 

20. LIMITATIONS  OF LIABILITY


 IN  NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY  THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,  SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,  OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED  OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR  LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE  ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD. CERTAIN US  STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES  OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,  SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND  YOU MAY HAVE ADDITIONAL RIGHTS.


 

21. INDEMNIFICATION


 You  agree to defend, indemnify, and hold us harmless, including our subsidiaries,  affiliates, and all of our respective officers, agents, partners, and employees,  from and against any loss, damage, liability, claim, or demand, including  reasonable attorneys’ fees and expenses, made by any third party due to or  arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and  warranties set forth in these Terms of Use; (4) your violation of the rights of a third party,  including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of  the Site with whom you connected via the Site. Notwithstanding the foregoing, we  reserve the right, at your expense, to assume the exclusive defense and control  of any matter for which you are required to indemnify us, and you agree to  cooperate, at your expense, with our defense of such claims. We will use  reasonable efforts to notify you of any such claim, action, or proceeding which  is subject to this indemnification upon becoming aware of it.


 

22. USER  DATA


 We  will maintain certain data that you transmit to the Site for the purpose of  managing the performance of the Site, as well as data relating to your use of  the Site. Although we perform regular routine backups of data, you are solely  responsible for all data that you transmit or that relates to any activity you  have undertaken using the Site. You agree that we shall have no liability to you  for any loss or corruption of any such data, and you hereby waive any right of  action against us arising from any such loss or corruption of such  data.


 

23. ELECTRONIC  COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


 Visiting  the Site, sending us emails, and completing online forms constitute electronic  communications. You consent to receive electronic communications, and you agree  that all agreements, notices, disclosures, and other communications we provide  to you electronically, via email and on the Site, satisfy any legal requirement  that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC  SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF  NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR  VIA THE SITE. You hereby waive any rights or requirements under any statutes,  regulations, rules, ordinances, or other laws in any jurisdiction which require  an original signature or delivery or retention of non-electronic records, or to  payments or the granting of credits by any means other than electronic  means.





24. CALIFORNIA  USERS AND RESIDENTS


 If  any complaint with us is not satisfactorily resolved, you can contact the  Complaint Assistance Unit of the Division of Consumer Services of the California  Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N  112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)  445-1254.





25. MISCELLANEOUS


 These  Terms of Use and any policies or operating rules posted by us on the Site or in  respect to the Site constitute the entire agreement and understanding between  you and us. Our failure to exercise or enforce any right or provision of these  Terms of Use shall not operate as a waiver of such right or provision. These  Terms of Use operate to the fullest extent permissible by law. We may assign any  or all of our rights and obligations to others at any time. We shall not be  responsible or liable for any loss, damage, delay, or failure to act caused by  any cause beyond our reasonable control. If any provision or part of a provision  of these Terms of Use is determined to be unlawful, void, or unenforceable, that  provision or part of the provision is deemed severable from these Terms of Use  and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship  created between you and us as a result of these Terms of Use or use of the Site.  You agree that these Terms of Use will not be construed against us by virtue of  having drafted them. You hereby waive any and all defenses you may have based on  the electronic form of these Terms of Use and the lack of signing by the parties  hereto to execute these Terms of Use.



 

26. CONTACT  US


 In  order to resolve a complaint regarding the Site or to receive further  information regarding use of the Site, please contact us at:

Nu-Rekall®
1159 Ramsbrook Ave
Henderson, NV 89052
United  States
Phone: 702-743-4340
mdd@nu-rekall.com
 
These  terms of use were created using Termly's Terms and  Conditions Generator.