• Privacy Policy for Nuvoole Web Sites

  • INTRODUCTION

    Please read these Terms of Use (“Terms”) thoroughly before using our website or Nuvoole Services. Your use of the Nuvoole website, or applications designed to access the website, whether stand-alone applications for computers or mobile devices, or the software incorporated into a Nuvoole Device (collectively, such products and application are referred to as the “Nuvoole Services”), means that you agree to these Terms. We may revise these Terms at any time; if we do so we will post an updated version with the date of the update posted below the effective date. It is your responsibility to visit this page periodically to review any updates. Your continued use of Nuvoole Services after any changes to these Terms constitutes your acceptance of the revised Terms.

    These Terms constitute a binding agreement between you and Nuvoole Inc., and its affiliates and subsidiaries (collectively “Nuvoole,” “we,” “us”). “You” and “users” shall mean all visitors, including individuals, family members, and other users, to the Nuvoole website, as well as all users of any Nuvoole application and Nuvoole Services. In addition, the Nuvoole Device and Software (as defined below) are licensed according to the terms of an End User License Agreement available for review here:

    http://www.nuvoole.com/legal/privacy

    The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, or otherwise submitting information and content to Nuvoole.

    NUVOOLE SERVICES

    Three primary elements comprise the Nuvoole Services: (i) an internet gateway device (the “Nuvoole Device”) that allows personalized control of access to websites, feeds, and other content on the Internet; (ii) software applications (“Software”) that allow users to administer, configure, and manage their Nuvoole Device; and (iii) an Application Protocol Interface (“API”) that allows the Software to communicate with Nuvoole’s servers in order to facilitate the flow of information from the Nuvoole Device to users or devices. Nuvoole Services provide 1) protection of all mobile devices and smart devices at home 2) individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network.

    • Content Blocking Not Guaranteed. You acknowledge that use of the Nuvoole Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the Nuvoole Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Nuvoole strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked.
    • Behavioral Outcomes Not Guaranteed. Use of the Nuvoole Services may include “reward” activities for users who are seeking to ensure that their children or other dependents are successfully completing tasks. As an example, a user may condition access to web content on the successful completion of homework or chores. Nuvoole does not monitor, nor can it verify, user activity with respect to such reward activities. Nuvoole makes no representations about the effectiveness of such methods.

    PRIVACY ISSUES AND OUR PRIVACY POLICY

    Nuvoole is committed to maintaining your privacy in all of its practices. This section discusses measures that we take to protect your privacy, and discloses information about certain data collection practices that help us ensure that your user experience is as seamless as possible.

    • What We Mean by “Personal Information.” “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information (including information discoverable via access to your mobile device’s operating system), and other information, including information that you submit to or save within the Nuvoole Services.
    • Privacy Defaults. When you use Nuvoole Services, the primary identifier that we work with is the ID Number of your Nuvoole Device. This prevents unnecessary transfer of Personal Information whenever possible. Nuvoole does not need to know “who” is using the Nuvoole Services. Rather, we need to know “which” device is requesting, posting, or otherwise interacting with the API. The Nuvoole Device carries its preferences and filtering information independent of Personal Information. We do log your IP address (the Internet address of your computer or network) to give us an idea of which parts of our website you visit and how long you spend there. Nuvoole does not link your IP address to any Personal Information unless you have logged in to our website. Even then, the related Personal Information is encrypted while in transit and at rest. Finally, during registration of your Nuvoole Device you are invited to submit information, including Personal Information, for the purposes of registering your Nuvoole Device for warranty protection. Once collected, this information is stored in a separate database, and are not readily accessible via the Nuvoole Services.

      When you use a Nuvoole Service via a mobile application or an Internet portal, you may be providing Personal Information as you establish your account credentials, utilize the features of the Nuvoole Service, transmit information to Nuvoole’s API, and otherwise engage with the Nuvoole Service. Nuvoole has access to Personal Information for the limited purpose of providing functionality and features via the Nuvoole Services. Except as necessary to provide services, Personal Information stored on the mobile application is not shared with Nuvoole, and Nuvoole does not archive such information on its servers. Nuvoole servers do not aggregate or retain this information beyond what is necessary for the Nuvoole Home app to function. We don’t store your family’s Internet use on our servers, nor do we anonymize it and store aggregated information. We won’t sell or share your information with anyone. Although the information stored in a mobile application or a portal is password-protected, you should not expect that the information is entirely secure. You are primarily responsible for the security of information stored in the mobile application, and the mobile device itself.

    • Tracking Technology. The Nuvoole Services may use a standard technology called a “cookie” to collect information about how you use the site. A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.
      Some parts of the Nuvoole website use cookies to understand user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. Some of the features and functions of the Nuvoole Services may require the use of cookies in order to work properly. If you prefer not to receive cookies while browsing our website, you can set your browser to reject all cookies, or to prompt you to accept or reject individual cookies. You do not need to have cookies turned on to use/navigate through many parts of the Nuvoole website. However, some features of the Nuvoole Services may not function in the absence of cookies.
    • Personal Information Sharing and Disclosure. Your Personal Information is never shared outside the Nuvoole Services without your permission, except under conditions explained below. Bear in mind that Nuvoole cannot be held responsible for your own disclosure of Personal Information, whether accidental or intentional. Nuvoole may send your personal information to other companies or people under any of the following circumstances:
      • When we have your consent to share the information;
      • When we need to share your information to provide the product or service you have requested;
      • When you have told us to send the information to other individuals on your behalf.

      We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public, or the Nuvoole Services.

    • Children’s Online Privacy Protection Act (COPPA). COPPA regulates the collection of data about children under the age of 13 who are accessing a website or other Internet application. Although the Nuvoole Services are designed to support families with children of all ages, the administration, configuration, and management of the Nuvoole Services is intended for use by adults over the age of 18. We do not require any information regarding minor children in order to provide the Nuvoole Services. We offer the opportunity to create profiles for each user of the Nuvoole Services, including minors, but those profiles do not ask for Personal Information regarding those minor children. As described above, all information transmitted from the Nuvoole Device relies upon the To the extent that we retain Personal Information about minor children, such information is encrypted in transit and at rest. To prevent inadvertent disclosure of Personal Information, assist in effective use of information, and ensure appropriate use of the Nuvoole Services, we strongly encourage the parent or guardian of any child under the age of 18 to install the mobile application on each family member’s device, and to curate your child’s interaction with the Services. In the unlikely event that a child under the age of 13 chooses to access the Nuvoole Services, Nuvoole believes that its privacy policy and procedures comply with the requirements of COPPA.
    • Remote Access of Your Nuvoole Device. The End User License Agreement for the Nuvoole Device authorizes Nuvoole or its duly authorized support representatives to access Nuvoole Devices remotely. Nuvoole requires such access in order to troubleshoot, debug, and otherwise offer support and solutions to Nuvoole Device users. Nuvoole does not access a given Nuvoole Device unless a support request has been received, and it becomes apparent to the support representative that there is a problem that can be solved via remote access. If you wish to limit the level of access Nuvoole or its duly authorized support representatives have to your Nuvoole Device, you must state what limitations you wish to place on Nuvoole’s use of remote access at the time of your support request. Nuvoole or its duly authorized support representatives will only access your Nuvoole Device under the conditions that you set. Whether or not you set any limitations on remote access, Nuvoole will discontinue access upon resolution of the support request.
    • Privacy Complaints and Concerns. If you have a complaint about privacy matters, concerns regarding this Privacy Policy, or any related questions, please contact Tina Chen:

      Tina Chen
      3125 Skyway Court
      Fremont, California 94539
      tina@nuvoole.com

    ELIGIBILITY TO USE NUVOOLE SERVICES

    No part of the Nuvoole Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE NUVOOLE SERVICE AT ANY TIME OR IN ANY MANNER. Parents, please be advised that we do not recommend that children under the age of 18 be given administrative access to the Nuvoole Services, with or without supervision.

    Repeated violation of these Terms, however innocent or inadvertent, will result in suspension or deletion of a user’s account.

    YOUR ACCOUNT

    • User Responsibilities. You are responsible for your log-in credentials and for keeping your contact information accurate and up to date. You are responsible for any activity resulting from the use of your log-in credentials on the Nuvoole Service. You represent and warrant that the information you provide to the Nuvoole upon registration of your Nuvoole Device and at all other times will be true, accurate, current, and complete.
    • Your Log-In Credentials. To use the Nuvoole Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Nuvoole Service and to preserve the confidentiality of your username and password, and any device that you use to access the Nuvoole Service.

      You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Nuvoole by e-mail to help@nuvoole.com. You will be solely responsible for the losses incurred by Nuvoole and others due to any unauthorized use of your account.

    COMMUNICATIONS

    By using the Nuvoole Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Nuvoole Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Nuvoole Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at help@nuvoole.com.

    NUVOOLE’S CONTENT OWNERSHIP AND USE

    The contents of the Nuvoole Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and any other Nuvoole content (collectively, “Nuvoole Content”). All Nuvoole Content and the compilation (meaning the collection, arrangement, and assembly) of all Nuvoole Content are the property of Nuvoole or its licensors and are protected under copyright, trademark, and other laws.

    • License to You. We authorize you, subject to these Terms, to access and use the Nuvoole Service and the Nuvoole Content solely for the personal, non-commercial use of the Nuvoole Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Nuvoole Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Nuvoole Content on any copy you make of the Nuvoole Content.
    • Third-Party Content. The Nuvoole Services may contain content from Nuvoole partners and licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Nuvoole Services. You understand and agree that you will not obtain, as a result of your use of the Nuvoole Services, any right, title, or interest in or to the Nuvoole Content, or any third-party content delivered via the Nuvoole Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
    • Nuvoole Marks. Nuvoole, the Nuvoole logo, and other Nuvoole logos and product and service names are trademarks of Nuvoole (the “Nuvoole Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Nuvoole Marks.

    INTELLECTUAL PROPERTY RIGHTS AND NUVOOLE’S LICENSE TO USE YOUR CONTENT

    A. User Content. The Nuvoole Services may provide you with the ability to create, post, or share content (“Your User Content”). Nuvoole claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Nuvoole Service. You are responsible for protecting those rights.

    • License to Nuvoole. By creating, posting, or sharing Your User Content on or through the Nuvoole Service, and subject to Nuvooles’s Privacy Policy, you grant Nuvoole a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for the purposes of providing the Nuvoole Services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will continue when you stop using the Nuvoole Services. Nuvoole reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
    • You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Nuvoole Services or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Nuvoole Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Nuvoole Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Nuvoole Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

    COPYRIGHT POLICY; DMCA NOTICES.

    Tell us if you think a user has violated your copyright using the Nuvoole Service, or if you think someone incorrectly reported that you violated his or her copyright.

    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Nuvoole Service infringe your copyright, you (or your agent) may send Nuvoole a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
    • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Nuvoole Service are covered by a single notification, a representative list of such works);
    • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Nuvoole to locate the material on the Nuvoole Service;
    • Your name, address, telephone number, and email address (if available);
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Nuvoole a counter-notice.

    Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Nuvoole Service should be sent to the following address:

    Nuvoole, Inc.
    Attn: Legal
    3125 Skyway Court
    Fremont, California 94539

    Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

    SUGGESTIONS AND SUBMISSIONS

    We appreciate hearing from our users and welcome your comments regarding the Nuvoole Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Submissions”), we shall:

    • own, exclusively, all now known or later discovered rights to the Submissions;
    • not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Submissions; and
    • be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

    USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS

    We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Nuvoole Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

    You are solely responsible for Your User Content on the Nuvoole Services. Nuvoole does not endorse any, nor is it responsible for, User Content on the Nuvoole Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

    You agree to use the Nuvoole Service only for its intended purpose. You must use the Nuvoole Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Nuvoole Service are prohibited. You may not:

    • attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Nuvoole Services, user accounts, or the technology and equipment supporting the Nuvoole Services;
    • frame or link to the Nuvoole Services without permission;
    • use data mining, robots, or other data gathering devices on or through the Nuvoole Services, unless specifically allowed by these Terms;
    • post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
    • harass, stalk, abuse, or post irrelevant or objectionable material;
    • sell, transfer, or assign any of your rights to use the Nuvoole Services to a third party without our express written consent;
    • post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered “spam” or “spamming”);
    • use the Nuvoole Services in an illegal way or to commit an illegal act in relation to the Nuvoole Services or that otherwise results in fines, penalties, and other liability to Nuvoole or others; or
    • access the Nuvoole Services from a jurisdiction where it is illegal or unauthorized.

    CONSEQUENCES OF VIOLATING THESE TERMS

    We reserve the right to suspend or terminate your account and prevent access to the Nuvoole Services for any reason, at our discretion. We reserve the right to refuse to provide the Nuvoole Services to you in the future.

    Nuvoole may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Nuvoole Services.

    You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Nuvoole Services.

    NUVOOLE’S LIABILITY

    • Changes to the Nuvoole Services. We may change, suspend, or discontinue any aspect of the Nuvoole Service at any time, including hours of operation or availability of the Nuvoole Service or any feature, without notice or liability.
    • User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Nuvoole Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Nuvoole from all claims, demands, and damages in disputes among users of the Nuvoole Services, or between a user and a third party. You also agree not to involve us in such disputes. Use caution and common sense when using the Nuvoole Services.
    • Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content accessed using the Nuvoole Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained or discovered through the Nuvoole Services. Use the Nuvoole Services at your own risk.
    • Third-Party Websites. The Nuvoole Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
    • No Guarantee of Results. We make no promises and disclaim all liability of specific results from the use of the Nuvoole Service.
    • DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE NUVOOLE SERVICES IS AT YOUR SOLE RISK, AND THE NUVOOLE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE NUVOOLE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE NUVOOLE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE NUVOOLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NUVOOLE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE NUVOOLE SERVICE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE NUVOOLE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NUVOOLE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
      “Released Parties” include Nuvoole and its affiliates, officers, employees, agents, partners, and licensors.
    • LIMITATION OF LIABILITY AND INDEMNIFICATION YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF NUVOOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE NUVOOLE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE NUVOOLE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE NUVOOLE SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE NUVOOLE SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
      TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE NUVOOLE SERVICE OR YOUR USE OF NUVOOLE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE RETAIL COST PAID FOR THE NUVOOLE DEVICE THROUGH WHICH THE USER PRINCIPALLY ACCESSES THE SERVICES.
    • Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Nuvoole Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

    GENERAL TERMS

    These Terms constitute the entire agreement between you and Nuvoole concerning your use of the Nuvoole Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

    ARBITRATION; CLASS WAIVER; WAIVER OF JURY TRIAL

    These Terms and the relationship between you and Nuvoole shall be governed by the laws of the state of Nevada without regard to its conflict of law provisions. You and Nuvoole agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Nuvoole Service under the rules of the American Arbitration Association.

    You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Nuvoole Service or these Terms:

    • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
    • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
    • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.