Terms & Conditions
Welcome to Nurtem®.
Nurtem applies the following terms and conditions for tutors, students, and all visitors (“Users”) who become part of Nurtem.
These Terms govern your access to and use of Nurtem service, Software, and materials (collectively or individually, the “Product”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Products.
By accessing or using the Products, you agree to be bound by these Terms.
PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. IT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION TO THE EXTENT APPLICABLE TO YOU, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (i) the terms and conditions of any written agreement you have entered into with Nurtem and (ii) the applicable laws and regulations.
Anything against the terms and conditions of Nurtem will be considered a conflict; deciding authorities will make the decisions accordingly.
1. Account Registration & Usage
1. To access Nurtem’s Product, you must register an account by (i) providing exact information; (ii) authorizing Nurterm to verify your account information.
2. Do not use fake identities or impersonate other users’ accounts that you are not authorized to use.
3. When it comes to usage, you are responsible for maintaining and safeguarding your confidentiality (including passwords used on other Nurtem products that permit single sign-on to the Products). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols that have at least eight (8) characters).
4. Notify Nurtem if you find any unauthorized use of your password or User identification and any other breach of security.
5. To use the products, you should form a binding contract with Nurtem. It provides you access to the services and functionalities. It can be established and maintained from time to time with our sole discretion.
6. We maintain different types of accounts for different types of Users.
a. If you are accepting these Terms and using the Products on behalf of a company, organization, government, or other legal entity, then you should:
- Include you and that entity.
- Represent and warrant that you are an authorized representative of the entity and bind to Nurtem’s terms on behalf of that entity. You can use the Products only if you comply with these Terms and any agreement entered into by your institution relating to the Products and all applicable local, state, national, and international laws, rules, and regulations. b. If you are an individual user or a minor user, then you are fully responsible for:
- The conduct with other users.
- The consequences of any misuse.
- Controlling the user’s access and use of the products. Nurtem reserves the right to access the minor’s account to the minor’s parents, guardian, or other authorized adult or educational institution upon such adult’s request. But have no obligation to monitor disputes between you and other Users.
2. Privacy & use of personal information
Additionally, to avoid doubt, personal information that includes Student Data (defined below) provided to Nurtem and the use of Products are governed by the terms of the agreement between Nurtem and your educational institution. Hence, with Nurtem, you or your institution own all rights, titles, and interests to monitor all Student Data you provided to us.
But, we don’t own, control, or license such Student Data, except to provide the Products to you and your educational institution that provides Student Data from the academic records.
What is Student Data?
“Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, or related entity or organization, as part of the provision of the Products. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Nurtem agrees to treat Student Data as confidential and do not share it with third parties other than as described in Nurtem’s agreement with your or the educational institution.
If you still have queries regarding the privacy and use of Your Information on our website, contact us at firstname.lastname@example.org/
3. Content & your rights
If you post any Content at Nurtem, you are the one who is responsible for any consequences thereof. Other Users can view the content that you submit, post, or display at Nurtem. You may also control the Content of other users’ certain products by accessing through the privacy options.
All Content, whether publicly posted or privately transmitted, the sole responsibility of it is the person who originated such Content. We may not monitor or control the Content posted via the Products, and we do not take responsibility for such Content. You should be aware that you are posting your Content at your own risk.
Further, in connection with Content you submit, post, or display on or through the Products, you affirm, represent, and warrant that:
(a) you have the written consent of each and every natural person who is identifiable in the Content, if any, to use such person’s name or likeness in the manner contemplated by any Product and these Terms, and each such person has released you from any liability that may arise in relation to such use.
(b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any Content relating to third parties.
(c) your Content and Nurtem’s use thereof as contemplated by these Terms and any Product will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
(d) Nurtem may exercise the rights to your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.
|Note: By posting or submitting your Content on Nurtem Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, or distribute via all media distribution methods. By granting us, You agree that this license includes the right for Nurtem to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products). We warrant that you have all the rights, power, and authority to grant rights to any content you submit at Nurtem.|
Nurtem respects the intellectual property rights of others and expects Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
A. A physical or an electronic signature of the copyright owner or an authorized person who acts on their behalf.
B. Identification of the copyrighted work claimed to have been infringed.
C. Identification of the material claimed to be infringing, or the subject of infringing activity is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Your contact information, including your address, telephone number, and email address.
E. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that acknowledges the information provided in the notification is accurate and is under penalty of perjury, and you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:
Nurtem Inc. <corporate address> Email: email@example.com/
4. Your license to use the products
Nurtem gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Products, subject to these Terms and any agreement entered into by your institution relating to the Products. It is solely for the product’s intended use, not for competitive intelligence, analysis, or demonstrations. You may not copy, modify, distribute, sell, or lease any part of our Products, nor may you reverse engineer or attempt to extract the source code of any Product unless laws prohibit those restrictions or you have our written permission.
B. Acceptable use
When using the Products, you must not:
(i) circumvent, disable or else interfere with any security-related features of the Products or features that prevent or restrict use or copying of the content accessible via the Products.
(ii) create more than one account for use with a particular Product (however, you may connect all your social networks or other Product accounts, in each case that we support, to your account for use with such Product).
(iii) give any false or misleading information or permit another person to use a Product under your name or on your behalf.
(iv) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to Nurtem.
(v) use a Product if we have been suspended or banned from using it.
(vi) send junk, spam, repetitive messages, unsolicited advertising or marketing email, call, or text messages. Also, not to engage in any activities that violate anti-spamming laws and regulations, including the CAN-SPAM Act or 2003, the Telephone Consumer Protection Act, or other federal, state, or local laws relating to emails, calls, or text messages.
(vii) advocate, promote, or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property.
(ix) misuse the Products by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm the Products or any User of the Products’ equipment.
(x) submit or contribute any content containing nudity, violence, abusive, threatening, obscene, misleading, untrue, or offensive.
(xi) submit or contribute any Content without the content owner’s permission or otherwise infringe the copyright, trademark, privacy, publicity, or other rights of third parties.
(xii) use any Content in violation of any licensing terms specified by the owner.
(xiii) submit or contribute any information or commentary about another person without that person’s permission.
(xiv) threaten, abuse, invade another’s privacy, cause annoyance, inconvenience, needless anxiety, or any action that is likely to harass, upset, embarrass, alarm, or annoy any other person.
(xv) use any automated system, including without limitation “robots,” “spiders,” or “offline readers” to access a Product in a manner that sends more request messages to our Product than a human can reasonably produce in the same period.
Failure to comply with these rules of acceptable use constitutes a severe breach and may take the following actions (with or without notice):
(a) immediate, temporary, or permanent withdrawal of your right to use our Products.
(b) Immediate, temporary, or permanent removal of any Content.
(c) Issuing of a warning to you.
(d) Legal action against you, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal prices) resulting from the breach.
(e) disclosure of such information to law enforcement authorities as we reasonably feel if necessary.
The responses described in this Section are not limited, and we may take any other action we reasonably deem appropriate.
C. Changes to the products
Without prior notice, we may change, stop providing any Products or features of any Products, or create usage limits for any Product to you or Users generally. We may permanently or temporarily terminate or suspend your access to any Product at Nurtem without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms or for no reason.
5. Mobile software
A. Mobile software
We may make available software to access the Products via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device compatible with the Mobile Software. Nurtem does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such costs. Nurtem grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you for your personal use.
However, you may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law.
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party.
(iii) make any copies of the Mobile Software.
(iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software.
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Nurtem may, from time to time, issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades.
Any third-party code incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof. Nurtem or its third-party partners or suppliers retain all rights, titles, and interests in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. Nurtem reserves all rights to take action against things that are not expressly granted under these Terms.
The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. But, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to Mobile Software and Products.
B. Mobile Software from Apple’s App Store
The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software” ):
You acknowledge and agree that these Terms are solely between you and Nurtem, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. If any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you.
Also, you acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Software or your possession and use of the App Store-Sourced Software, including, but not limited to:
- Product liability claims.
- Any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement.
- Claims that arise under consumer protection or similar legislation and all such claims are governed solely by these Terms and any law applicable to Nurtem as a software provider.
C. Mobile Software from Google Play Store
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software” ):
(i) You acknowledge that the Terms are between you and Nurtem only and not with Google, Inc. (“Google”).
(ii) Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service.
(iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software.
(iv) Nurtem, and not Google, is solely responsible for its Google-Sourced Software.
(v) Google has no obligation or liability to you concerning Google-Sourced Software or the Terms.
(vi) You acknowledge and agree that Google is a third-party beneficiary to the Terms related to Nurtem’s Google-Sourced Software.
D. Mobile Software from Microsoft Store
The following applies to any Mobile Software you acquire from the Microsoft Store (“MS-Sourced Software” ):
(i) You acknowledge that these Terms will be between you and Nurtem and not with Microsoft Corporation (“Microsoft”).
(ii) Your use of MS-Sourced Software must comply with Microsoft’s then-current Microsoft Store Terms of Service.
(iii) Microsoft is only a provider of the Microsoft Store where you obtained the MS-Sourced Software.
(iv) Nurtem, and not Microsoft, is solely responsible for its MS-Sourced Software.
(v) Microsoft has no obligation or liability to you concerning MS-Sourced Software or these Terms.
(vi) You acknowledge and agree that Microsoft is a third-party beneficiary to these Terms as it relates to Nurtem’s MS-Sourced Software.
6. Nurtem rights
The Products are constantly evolving, and the form, nature, or functionality of the Products may change from time to time without prior notice to you. In addition, Nurtem may stop (permanently or temporarily) providing the Products (or any features within the Products) to you or Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
All rights, titles, and interests in and to the Products (excluding Content provided by Users or other third parties) will remain the exclusive property of Nurtem and its licensors. The Products are protected by copyright, trademark, and other laws of the United States and foreign countries where it conducts its business. Nothing in the Terms gives you a right to use the Nurtem name or any of the Nurtem trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nurtem or the Products is entirely voluntary. We will be free to use such feedback, comments, or suggestions as we see fit.
7. Export Controls
As required by the laws of the United States and other countries, you understand that:
(a) The Products are subject to export controls under the U.S. Commerce Department’s Export Administration Regulations (“E.A.R.”).
(b) You will not be located in a prohibited destination country under the E.A.R. or U.S. sanctions regulations.
(c) You should not export, re-export, or transfer the Products to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s).
We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated Nurtem’s Terms.
(ii) you create risk or possible legal exposure for us.
(iii) our provision of the Products is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate.
If you wish to delete your Nurtem Product account(s) in their entirety(ies), you may contact us via firstname.lastname@example.org/ and specify which Nurtem Product account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law.
9. Disclaimers & limitations of liability
Please read this Section carefully since it limits the liability of Nurtem and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Nurtem Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
A. The Products are Available “AS-IS”
Your access to and use of the Products or any Content you publish via Nurtem should be at your own risk.
You understand and agree that the Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. This is only for your internal informational purposes, without warranties and conditions, including Merchantability, Implied Warranty of Quality, Fitness for Purpose, Or Non-Infringement.
B. HIPAA Disclaimer
Nurtem does not warrant or provide any assurances that your use of the Products will comply with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Suppose you are a health care provider, health plan, insurer, health care information clearinghouse, or other entity that may be considered a “covered entity” under HIPAA or a “business associate” of a “covered entity” under HIPAA. In that case, you shall take all steps necessary to comply with HIPAA and be responsible for any applicable compliance with HIPAA. You agree that you will not provide Nurtem with any protected health information (as that term is defined under HIPAA) and that Nurtem is therefore not deemed to be a business associate of you or your institution for purposes of compliance with HIPAA.
C. Third-Party Links and Resources
The Products may contain links to third-party websites or resources; they are provided solely for user convenience. You acknowledge and agree that the Nurtem Entities are not responsible or liable for the availability or accuracy of such websites or resources. You should not be deemed to imply that Nurtem endorses those Websites or any content available therein.
D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NURTEM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY; OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. HOWEVER, THIS RESULTS IN: YOUR ACCESS TO USE THE PRODUCT TO INABILITY TO ACCESS OR USE THE PRODUCTS (INCLUDES ANY CONTENT OBTAINED FROM THE PRODUCTS, USE OR ALTERATION OR TRANSMISSION OF CONTENT).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NURTEM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (THE U.S. $100.00) OR THE AMOUNT YOU PAID NURTEM, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
THE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE). OR WHETHER OR NOT THE NURTEM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FURTHER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to defend, indemnify and hold Nurtem, its subsidiaries, agents, licensors, managers, and other affiliated companies, their employees, contractors, agents, officers, and directors, harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your access to and use a Product, including any data or content transmitted or received.
(ii) your violation of any third-party right, including any right of privacy or intellectual property rights without limitation.
(iii) your violation of any applicable law, rule, or regulation.
(iv) any content submitted via your User Account, including misleading, false, or inaccurate information without limitation.
(v) your willful misconduct.
(vi) any other party’s access and use of a Product with your unique username, password, or other appropriate security code.
10. Other Terms
A. Waiver & severability
The failure of Nurtem to enforce any right or provision of these Terms will not be deemed a waiver of such rights or provision. Suppose any provision of these Terms is held to be invalid or unenforceable. In that case, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions of these Terms will remain in full force and effect except in the event of unenforceability of the universal class action/jury trial waiver. Refer to Section 10(B)(iii) below, and the entire arbitration agreement shall be unenforceable.
B. Governing law & dispute resolution
(i) Governing Law
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF FROM NURTEM. For any dispute with Nurtem, you agree to contact us at email@example.com/ and attempt to resolve the dispute with us informally.
Unlikely, suppose Nurtem has not resolved a dispute it has with you after sixty (60) days. In that case, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be reached at www.jamsadr.com. The arbitration will be conducted in Washington, D.C., United States unless you and Nurtem agree otherwise.
Suppose you are using the Products for commercial purposes. In that case, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees per JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Products for non-commercial purposes:
(i) JAMS may require you to pay a fee for the initiation of your case unless you apply for and successfully obtain a fee waiver from JAMS.
(ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.
(iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Nurtem from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
(iii) Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PRODUCTS FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE INDIVIDUAL PARTIES’ CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE (1) PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NURTEM AGREE WAIVING THE RIGHT TO A TRIAL, BY JURY, OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO THE PRODUCTS OR THESE TERMS.
(iv) Limited Applicability of Arbitration and Class Action/Jury Trial Waiver
Specific laws, rules, and regulations that may apply to you may not allow you to pre-agree to binding arbitration or waive your rights to join in a representative proceeding or waive your rights to a jury trial. If such laws apply to you, the arbitration requirements outlined in subsection – (ii) and the class action/jury trial waiver – (iii) do not apply to you.
C. U.S. Government users & U.S. Government restricted rights
Certain of the components that comprise the Products are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
The Products, any Mobile Software, and all upgrades to the foregoing (if any) are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as mentioned in (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Contractor/manufacturer is Nurtem Inc., <insert corporate address>. All rights not specifically granted in these Terms are reserved by Nurtem.
D. Entire Agreement
We may revise these Terms from time to time; the most current version will always be linked to https://www.Nurtem.com/. In our sole discretion, if the revision is material, we will notify you through the Products or the email associated with your profile. You agree to be bound by the revised Terms by continuing to access or use the Products after those revisions become effective.
These Products are operated and provided by Nurtem:
If you have any questions about these Terms, contact firstname.lastname@example.org/