Nutsmarts Software Terms of Use
Last Updated December 08/21/2024
Nutsmarts Software, its affiliates, and subsidiaries (collectively, “Nutsmarts ,” “we,”“us,” or “our”) present these Terms of Use which apply when you visit www.Nutsmarts.com, and/or any other Nutsmarts owned or controlled websites (a “Site”, the “Sites”). By browsing any Site or using services available on the Sites (“Services”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our accompanying Privacy Policy (available at website and to comply with applicable laws and regulations. If you do not accept these Terms of Use, then you are not granted permission to browse, access,or otherwise use the Sites or the Services. Except with respect to the terms set forth under the heading “Export Classifications” these Terms of Use apply only to the Sites, and not to the purchase or use of our Products, which are governed by separate agreements.
Capitalized terms not defined in these Terms of Use shall have the meaning set for thin our Privacy Policy.
About the Information on this Sites
Information,data, text, graphics, images, sound recordings, audiovisual works and other materials provided by Nutsmarts, its licensors, or by you on the Sites (collectively, the “Content”) may contain technical inaccuracies or typographical errors. You may not copy, reproduce, republish, upload, post, transmit,distribute, or use for the creation of derivative works any portions of the Sites or Content without Nutsmarts’s prior written consent. Nutsmarts may remove, change, or update Content without notice. Nutsmarts may also make improvements and/or changes to the Sites, Services, Products,and/or the Programs described on the Sites at any time without notice to you.
Nutsmarts assumes no responsibility regarding the accuracy of the Content provided by Nutsmarts and use of such Content is at your own risk. Nutsmarts provides no assurances that any reported problems may be resolved with the use of any Content that Nutsmarts provides.
User Submissions
Nutsmarts does not want to receive confidential or proprietary Content from you through our Sites. Please note that any Content sent to Nutsmarts or posted on the Sites will be deemed NOT to be confidential. By sending Content to Nutsmarts or posting Content on the Sites, you here by grant Nutsmarts an unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sub licensable right and license to use, reproduce,display, perform, modify, transmit, create derivative works of, distribute,and otherwise exploit such Content, and you also agree that Nutsmarts is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Community Guidelines
Our community, like any community, functions best when its users follow a few simple rules. By accessing the Sites and/or using the Services,you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will not use the Sites or the Services for any unlawful purpose;
You may not use the Sites or the Services to engage in any commercial activities,including, without limitation, advertising or promoting a product, service,or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access the Sites or use the Services to collect any market research for a competing business;
You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
is false, deceptive, misleading, deceitful, mis informative, or constitutes a “bait and switch” offer;
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic,invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information,or any similar information;
You will not “stalk” or otherwise harass another;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Sites;
You will not take any action that imposes or may impose (in our sole discretion)an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not use any automated device or software that enables the submission of automatic postings on the Sites without human intervention or authorship,including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
You will not interfere with or attempt to interrupt the proper operation of the Sites or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites or the Services through hacking, password or data mining, or any other means.
Please let us know about inappropriate Content. If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, todeny anyone access to the Sites, or any portion of the Services, without notice, and to remove any Content that does not adhere to these guidelines.
Third-Party Sites
The Sites include links to third-party sites. Nutsmarts has no control over the privacy practices or the content of these sites, including any sites that may include a Nutsmarts trademark or logo. If you visit these sites or use services available through these sites, you will be subject to their terms of use and privacy policies. You should check the applicable third-party terms of use and privacy policy when visiting any other site. In addition, a link to a non-Nutsmarts site does not mean that Nutsmarts endorses or accepts any responsibility for the content or the use of such site. It is up to you to take precautions to ensure that whatever site you select for your use is free of such items as viruses, worms,trojan horses, and other items of a destructive nature.
Disclaimer,Limitation of Liability, Indemnification
Nutsmarts, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “Nutsmarts PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SITES, THE SERVICES,PRODUCTS, PROGRAMS, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE SITES, THE SERVICES, PRODUCTS,PROGRAMS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE SITES, THE SERVICES,PRODUCTS, PROGRAMS, AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE,RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NONE OF THE Nutsmarts PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, OR CONTENT. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
IN NO EVENT SHALL ANY OF THE Nutsmarts PARTIES BE LIABLE FOR ANY DAMAGES WHAT SO EVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR ANY OTHER LEGAL THEORY, EVEN IF THE Nutsmarts PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT,INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold the Nutsmarts Parties harmless from and against any and all third party claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Sites, the Services, Products, Programs, and/or the Content; (ii)your violation of any term of these Terms of Use and/or our Privacy Policy;and/or (iii) your violation of any third party right. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms of Use.
Monitoring of Sites
Although Nutsmarts has no obligation to do so, Nutsmarts explicitly reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Sites. Nutsmarts will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. Nutsmarts reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Content, or any other element of the Sites or the Services, without notice or permission from you.
Updates to Terms of Use
These Terms of Use are effective as of the date stated at the top. We may change these Terms of Use from time to time. You must refer back to these Terms of Use on a regular basis. If you visit the Sites or use the Services after a change to these Terms of Use is posted, you will be bound by such change.
Privacy
Your use of the Sites and/or the Services may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by our Privacy Policy (available at: website),which is hereby incorporated by reference in its entirety
Trademarks
Nutsmarts is a registered trademark of Nutsmarts Software in the United States and either a registered trademark or trademark of Nutsmarts Software in other countries. All Nutsmarts products and services listed on the Sites either are, or may be, registered trademarks or trademarks of Nutsmarts Software in the United States and/or other countries. All other products and serviceslisted on the Sites either are, or may be, registered trademarks or trademarks of their respective owners in the United States and/or other countries. You are not permitted to use any trademarks appearing on the Sites without the prior consent of Nutsmarts or the rights holder.
Account Information
To access certain areas of the Sites, Services, or Content you must create an account associated with a valid e-mail address. You agree that your account information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Nutsmarts forall activity that occurs under, via, and/or related to your account. If you become aware of any unauthorized use of your account or account information,or any other breach of security, you agree to notify Nutsmarts by contacting Nutsmarts. Nutsmarts may require that you change your account information or certain parts of your account information at any time for any reason.
Governing Law and Jurisdiction
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Commonwealth of Massachusetts, United States of America, without regard to the conflict of laws principles there of. You expressly agree that any action at law or in equity arising out ofor directly or indirectly relating to these Terms of Use or the Sites shall be filed only in a state or federal court in Boston, Massachusetts,USA, and You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Nutsmarts Sites, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
Export Classifications
Not with standing anything to the contrary herein, You expressly agree not to use, deploy,export or re-export any (or any portion) of the Sites, Services, Content,Programs, or any Nutsmarts Software obtained or accessed through the Sites or Services including the Products in or to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer any (or any portion) of the Sites,Services, Content, Programs, or any Nutsmarts Software obtained or accessed through the Sites or Services including the Products to any country to which the U.S. has embargoed or restricted the export of goods or services,including without limitation any country listed in U.S.A. Export Administration Regulation Country Group E-1, or to any national of any such country,wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Industry and Security, U.S. Department of Commerce, nor any other federal agency has suspended, revoked or denied your export privileges.
Nutsmarts Software Terms of Use Last Updated December 08/21/2024
