Nuna Incorporated Website Terms of Use

Last Updated Date: February 14, 2018

 

Terms of Use

Welcome to the Nuna Incorporated (“Nuna”) website located at https://www.nuna.com (the “Site”). Please read these Terms of Use and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the Site. By using the Site, you agree to be bound by these Terms of Use.

Changes to Terms of Use or Services

We may change these Terms of Use at any time, in our sole discretion, and such changes will be posted on the Site. It is your responsibility to review these Terms of Use each time you use the Site. By continuing to use the Site after we have posted updated Terms of Use, you consent to be bound by the updated Terms of Use. If you don’t agree to be bound by the updated Terms of Use, then you may not use the Site anymore. Please note that we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by Nuna at any time, and that Nuna may use the results of such monitoring without limitation, subject to applicable law.

Privacy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your access to and use of the Site is subject to our Privacy Policy.

Trademarks

The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of Nuna and other applicable parties that have licensed their property and/or material to Nuna. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of Nuna or a third party. You are prohibited from using any Nuna or third-party trademarks or service marks noted on the Site for any purpose, without the express written permission of Nuna or such third parties. If Nuna grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits Nuna.

Without limiting the foregoing, you agree not to use any meta tags or other hidden text or metadata utilizing a Nuna trademark, logo URL or product name without Nuna’s express written consent.

License and Site Use

All right, title and interest in and to the Site and text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site (“Nuna Content”), including all associated intellectual property rights therein is owned by or licensed to Nuna, its licensors, and/or its affiliates and protected by copyright, trademark and other laws of the United States and foreign countries. Nuna and its licensors retain all proprietary rights to Nuna Content. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Nuna Content.

Subject to your compliance with these Terms of Use, Nuna grants to you, the user, a limited, non-exclusive, non-transferable license, with no right to sublicense, to access, and make personal, non-commercial use of Nuna Content, solely in connection with your permitted use of the Site; but you may not download (other than page caching) or modify it, or any portion of it, except with Nuna’s express written consent.

This license does not include any right to and you agree not to: (i) resell or use this Site or Nuna Content for any commercial purposes; (ii) collect or use any product listings, descriptions, or prices found on the Site; (iii) make any derivative use of the Site or Nuna Content; (iv) download or copy account information found on this Site for the benefit of any individual or legal entity; ; or (vi) use, display, mirror or frame the Site, the layout and design of any page or form contained on a page of the Site, any individual element within the Site, or any Nuna Content, without Nuna’s express written consent. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without Nuna’s prior express written consent. Nuna’s consent maybe requested by contacting Nuna at 650 Townsend Street, Suite 425, San Francisco, CA 94103.

Linking to Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Nuna or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Nuna’s logo or any other proprietary graphic or trademark of Nuna as part of such link without Nuna’s express written permission, in accordance with the “Trademarks” section above. Nothing in this license shall confer on you or any third party any rights to or under any patent, copyright, or trademark of Nuna or any third party.

Changes to Site

We may change, add or remove some or all of Nuna Content from the Site at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through the Site may not be accurate or up to date.

Termination

Nuna may terminate your license rights and right to access the Site at any time for any reason, without notice to you. Any unauthorized use automatically terminates any license granted by Nuna hereunder. Upon the termination of this license you must stop using this website, including all Nuna Content, and return or destroy all copies, including electronic copies, of the Nuna Content in your possession or control.

Restrictions on Use of This Website

You agree:

• not to use the Site or Nuna Content in any way not explicitly permitted by these Terms of Use or the text of the Site itself or for any commercial purpose;
• not to copy, modify or create derivative works involving the Nuna Content (except that you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices);
• not to attempt to access or search the Site or Nuna Content or download Nuna Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Nuna and other generally available third-party web browsers;
• not to misrepresent your identity or your affiliation with any person or entity, or provide Nuna with any false information in any information-collection portion of the Site, such as a registration or application page;
• not to take any action intended to interfere with the operation of the Site;
• not to access or attempt to access any non-public areas of the Site, Nuna’s computer systems, the technical delivery systems of Nuna’s providers or any portion of the Site to which you have not been explicitly granted access;
• not to attempt to probe, scan or test the vulnerability of any Nuna system or network or breach any security or authentication measures;
• not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Nuna or any of Nuna’s providers or any other third party to protect the Site or Nuna Content;
• not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
• not to directly or indirectly authorize or encourage anyone else to take actions prohibited in this section; and
• to comply with all applicable laws and regulations while using the Site or the Nuna Content.

You represent and warrant that you are at least 18 years of age.

Third-Party Resources

While visiting the Site you may click on a link to other websites, resources or online services (“Third-Party Resources”) and leave the Site. We provide these links to Third-Party Resources that may contain information that may be useful or interesting to you only as a convenience and we are not responsible for the content, products or services on or available from Third-Party Resources or resources or links displayed on such Third-Party Resources. We do not endorse, and are not responsible for, the content and accuracy of Third-Party Resources or for any of your dealings with the third parties that provide such Third-Party Resources.

Although Nuna maintains high standards regarding the protection of your privacy and personal data and information, Third-Party Resources may contain rules and regulations, privacy provisions, confidentiality provisions, transmissions of personal data provisions, and other provisions that differ from the provisions provided on the Site. Nuna is not responsible for examining or evaluating these provisions and expressly disclaims any and all liability related not only to such provisions, but also to any of the content found on any Third-Party Services. You should carefully review both the privacy statements and the terms or conditions of use applying to any linked site. You are solely responsible for and assume all risk arising from your access to or use of a Third-Party Resource.

Information You Provide

Should you visit the Site and send Nuna information, including data, questions, comments, or suggestions, such information shall be non-confidential, and Nuna shall have noobligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute said information to others without limitation, subject to the Nuna Privacy Policy. Further, you grant to Nuna a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

Disclaimer of Warranties and Limitation of Liability

ALL NUNA CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NUNA EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NUNA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY NUNA CONTENT AVAILABLE THROUGH THE SITE. NUNA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE OR THAT USE OF THE SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY NUNA CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

YOU AGREE THAT NEITHER NUNA ANY NOR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR NUNA CONTENT WILL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR NUNA CONTENT, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, INDIRECT DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES OF ANY KIND OR LOST OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OF OR INABILITY TO USE THE SITE, THE NUNA CONTENT OR A THIRD-PARTY RESOURCE, WHETHER OR NOT NUNA OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

THE TOTAL, CUMULATIVE LIABILITY OF NUNA AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR NUNA CONTENT INCLUDING ALL OF THEIR AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR NUNA CONTENT SHALL NOT EXCEED $100. YOU AGREE THAT YOU USE THE SITE AND NUNA CONTENT AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE NUNA CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE NUNA CONTENT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUNA AND YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Nuna and its employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of or in any way connected with your access to or use of the Site or Nuna Content; your breach or alleged breach of these Terms of Use; or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Nuna or third parties.

Employment Opportunities

Nuna may place notices of employment opportunities on this Site. At Nuna, we fully recognize and are sensitive to all confidentiality issues surrounding the online employment application process. Therefore, in accordance with Nuna’s privacy guidelines and principles, if you choose to submit your name, address, contact information, resume, and/or any other personal information to Nuna in response to an employment opportunity, you can be confident that Nuna will use this information only for lawful and legitimate employment purposes. Nuna does reserve the right to distribute the information you submit among its employees for legitimate business purposes. Furthermore, nothing in these Terms of Use or contained on this Site shall constitute a promise by Nuna to interview, hire, or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained on the Site constitute a promise that Nuna will review any or all of the information that users or applicants submit. Nuna is an equal opportunity employer.

Nuna may use a third-party provider in connection with certain services at the Site relating to employment; if so, such third party’s terms of use will govern any portion of the Site managed by it.

General Terms

These Terms of Use constitute the entire and exclusive understanding and agreement between Nuna and you regarding the Site and Nuna Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Nuna and you regarding the Site and Nuna Content. If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable by an arbitrator or a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and shall not affect the validity and enforceability of any remaining provisions.

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Nuna’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. Nuna may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Nuna under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Violations of Terms of Use

Nuna reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to this Site. Nuna’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nuna. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Governing Law and Statute of Limitations

You acknowledge and agree that the laws of the State of California without regard to conflict of law principles, and applicable federal law, will govern these Terms of Use, your use of the Site or Nuna Content and any dispute of any kind that might arise between you and Nuna in connection with the Site. Any action you, any third party, or Nuna brings arising out of or in any way connected to this Site and/or these Terms of Use shall be brought exclusively in either the state or federal courts located in the Northern District of California, and you expressly consent to and waive any objection to the jurisdiction and venue in said courts.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact Us

To contact us regarding these Terms of Use or the operation of the Site itself, email us at legal@nuna.com, or contact Nuna at 370 Townsend Street, San Francisco, CA 94107.