ACCEPTANCE OF TERMS
By using Nurtz (other than to read this Agreement for the first time) User agrees to comply with all of the terms and conditions hereof. The right to use www.nurtz.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of Users Account (under any name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of Users password(s), if any. If the User does not agree with these Terms in their entirety, the User may not use the Services.
The Services are not intended to be used by children. You must be at least of the age of majority in your location to use the Services.
DESCRIPTION OF SERVICES
Nurtz provides User with access to a variety of resources and features, including account area, communication and product information (collectively "Services"). The Services including any updates, enhancements, new features and/or the addition of any new websites, are subject to the Terms.
Nurtz shall have the right at any time to change or discontinue any aspect or feature of www.nurtz.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. If the User does not agree with the changes, the User may cancal the account wih Nurtz without any further obligation, except for any amount due for the balance of the billing period in which the User cancels the account.
Nurtz shall have the right at any time and at its sole discretion to change or modify the terms and conditions applicable to User's use of www.nurtz.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.nurtz.com. Any use of www.nurtz.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. If the User does not agree to any amended Terms, the User must stop using the Services.
USER ACCOUNT, PASSWORD AND SECURITY
If the User signs up for an account on the Services, User must complete the registration process by providing Nurtz current, complete and accurate information as prompted by the applicable registration form. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify Nurtz immediately of any unauthorized use of User's account or any other breach of security. Nurtz will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. User may not use anyone else's account at any time, without the permission of the account holder.
Nurtz charges fees for the use of the Services as described on the www.nurtz.com website. The fees may change from time to time and we will give an advance notice of these changes to the email address associated with the User's account. Continued usage of the Services after the fees change indicates User's agreement with the updated fees. The User's is responsible for all applicable taxes.
The User may cancel the account and stop using Services at any time but won't be issued a refund unless it's legally required.
MATERIALS PROVIDED TO NURTZ OR POSTED AT NURTZ.COM
Nurtz does not claim ownership of the materials Users provide to Nurtz (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's Submission User is granting Nurtz, its affiliated companies and necessary sublicensees non-exclusive, royalty-free, transferable permission to use User's Submission in connection with the operation of the Services (including, without limitation, all Nurtz Services), including, without limitation, the license rights to: copy, distribute, transmit, display, perform, reproduce, edit, modify, adapt, translate, reformat and create derivative works from User's Submission; to publish User's name in connection with User's Submission; and the right to sublicense such rights to any supplier of the Services.
Other than the Submissions, the Services, all content and all software used to create or operate the Services, logos and images are the property of Nurtz. All other trademarks appearing on www.nurtz.com are the property of their respective owners.
User shall use Nurtz for lawful purposes only. User shall not post or transmit through Nurtz any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Nurtz's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Nurtz's discretion restricts or inhibits any other User from using or enjoying Nurtz will not be permitted. User shall not use Nurtz to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Nurtz.
User shall not upload, post or otherwise make available on Nurtz any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.nurtz.com, User automatically grants, or warrants that the owner of such material has expressly grantedNurtz the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view store or reproduce the material for that User's personal use User hereby grants Nurtz the right to edit, copy, publish and distribute any material made available on www.nurtz.com by User.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF WWW.NURTZ.COM IS AT USER'S SOLE RISK. NEITHER NURTZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WWW.NURTZ.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.NURTZ.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.NURTZ.COM.
B. WWW.NURTZ.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NURTZ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL NURTZ, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.NURTZ.COM OR THE NURTZ SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.NURTZ.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, NURTZ, NOR ITS AFFILIATES. INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WWW.NURTZ.COM. OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS. PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE — NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
Either Nurtz or User may terminate this Agreement at any time. Without limiting the foregoing, Nurtz shall have the right to immediately terminate User's Account in the event of any conduct by User which Nurtz, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.