Terms & Conditions
Last Updated: June 1, 2023
THESE TERMS AND CONDITIONS (“TERMS”) CONTAIN A CLASS ACTION WAIVER. PLEASE REVIEW THE TERMS SECTION ENTITLED “DISPUTE RESOLUTION”
Welcome to the NodesNow website, which is owned and operated by NodesNow, Inc., a Delaware corporation, (hereinafter, as appropriate, “NodesNow,” “us,” “we,” or “our”). These Terms apply to NodesNow’s website and mobile app (the “Mobile App”). The NodesNow website and the Mobile App are referred to in these Terms as the “Site.” In general, the purposes of the Site include providing information about NodesNow's services and products, which consist in the development, manufacturing, distribution, and marketing of digital communication and collaboration solutions, platforms, services, and devices, in particular interactive multi-touch displays and software solutions for simultaneous work on a project.
By registering to create an account or using the services delivered through the Site (the “Services”), you agree to be bound by these Terms, our Privacy Notice, and the third-party terms described below, so please take the time to read and understand them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. WE WILL PROVIDE NOTICE OF SUCH CHANGES TO REGISTERED USERS BY SENDING A NOTIFICATION OF THE CHANGE BY EMAIL AND BY CHANGING THE “LAST UPDATED” DATE ABOVE. PREVIOUS VERSIONS OF OUR TERMS AND PRIVACY NOTICE ARE FOUND HERE, IF THERE ARE ANY. YOUR CONTINUED USE OF ANY OF THE SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS AND PRIVACY NOTICE. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SERVICES AND DELETE YOUR NODESNOW ACCOUNT.
Please note: There may be times when we will provide new or additional services featuring their own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the new or additional services control to the extent there is a conflict with these Terms.
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:
Our Rights and Policies
We reserve the right to:
In addition to the other responsibilities outlined in these Terms, you are solely responsible for:
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Disclaimers; Liability Limits
YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NodesNow DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THEY ARE SUITABLE OR FIT FOR ANY PARTICULAR PURPOSE OR USE. NodesNow HAS NOT MADE ANY INDEPENDENT INVESTIGATION OF THE ACCURACY OF DATA PROVIDED TO IT BY THIRD PARTIES.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF WE ARE UNABLE TO PROVIDE THE SITE OR SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY THIRD PARTY TO PROVIDE NodesNow WITH DATA OR COMPUTER SERVICES NECESSARY TO DELIVER THE SITE OR SERVICES, (b) THE FAILURE OF ANY PART OF THE SITE, SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS, OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND NodesNow’S REASONABLE CONTROL.
IN NO EVENT SHALL NodesNow, ITS SUBSIDIARIES, ITS PARENT CORPORATION, OR ANY SUBSIDIARIES OR AFFILIATES OF ITS PARENT CORPORATION, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LOST REPUTATION, LOST BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US THROUGH YOUR USE OF THE SITE OR SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
If you are a California resident, you waive California Civil Code §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.”
You agree to indemnify us and hold harmless our company and its officers, directors, managers, members, stockholders, partners, suppliers, agents and employees, parent corporations, subsidiary corporations, and any affiliates thereof (collectively, the “NodesNow Parties”), from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of, or related to your use of the Services. Your indemnification of NodesNow Parties includes, without limitation, third-party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.
Any claim between you and us arising out of or related to these Terms, our Privacy Notice, and/or the Site or Services shall be resolved exclusively within the federal and state courts residing within or serving New Castle County, Delaware, and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure, or infringement of our intellectual property rights.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SITE, THE SERVICES, OUR PRIVACY NOTICE, AND/OR THESE TERMS.
YOU ALSO WAIVE ANY CLASS ACTION CLAIM. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class actions, private attorney general actions, consolidation of your dispute with any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and a court will have no jurisdiction to hear such claims.
If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Notices and Procedures for Copyright or Trademark Infringement Claims
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright or trademark infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed; (ii) a description of the copyrighted work or trademark that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our Site; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright or trademark owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner or licensee of a right that is allegedly infringed. Upon receipt of notices complying with the DMCA or other applicable law, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright or trademark infringement should be directed to:
251 Little Falls Drive
Wilmington, DE 19808
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL OR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
You may not assign your rights or obligations hereunder without our prior written consent. These Terms, our Privacy Notice, and all other documents referenced herein, represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms is found invalid, the balance of these Terms shall remain enforceable; provided, however, that the Services shall not be offered where prohibited by law. The provisions found under the following headings of these Terms shall survive expiration or termination of your Site account: NodesNow Content, Section 5 of Our Rights and Policies, Disclaimers; Liability Limits, Indemnity, Dispute Resolution, Notices and Procedures for Copyright or Trademark Infringement Claims, and Miscellaneous. The failure to enforce any of these Terms or our Privacy Notice on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof, or any provision of our Privacy Notice. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have questions or concerns regarding these Terms, please contact us at: NodesNow, Inc., 251 Little Falls Drive, Wilmington, DE 19808, [email protected].