Terms & Conditions

Nellis Technologies LLC Mobile Application Terms and Conditions

Effective December 11, 2018

TERMS AND CONDITIONS

I. OVERVIEW AND ACCEPTANCE OF TERMS AND CONDITIONS

This mobile application (“Mobile Application”) is owned, managed and provided by Nellis Technologies, LLC and/or its successors, parents, subsidiaries, affiliates and related companies or other companies under common control that we may have now or in the future operate (the “Company,” “we,” “our,” or “us”). By downloading, browsing, accessing or using this Mobile Application or the Clover device in which the Mobile Application is preloaded, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions or the services provided to you through this Mobile Application (the “Services”) at any time, except for the binding dispute resolution provision at Section IV below. If we make any change to that provision, we will give you an opportunity to opt out before doing so (so as to be bound by Section IV as it is currently written). If you disagree with any of these Terms and Conditions, you must immediately discontinue your access to the Mobile Application and your use of the Services offered on the Mobile Application by deleting the Mobile Application from your Clover device and/or following any other directions provided to you by the Company relating to discontinuing your use of or access to the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions and your acknowledgement and agreement to any changes to the Service(s), including, but not limited to, changes to pricing.

Please read these Terms and Conditions carefully before using the Mobile Application. Your use of the Mobile Application or Services constitutes your willingness to be bound by these terms without limitation, qualification or change. You are only authorized to access the Mobile Application if you agree to will abide by all applicable laws and this agreement, and you are of legal age within your jurisdiction to enter into this agreement.

THE MOBILE APPLICATIONS AND SERVICES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE MOBILE APPLICATION.

The Mobile Application is protected by copyright and other intellectual property laws and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted outside of the Services in any way without the prior written consent of the copyright owner (as explained further in Section VII below). All trademarks used in the Mobile Application are property of the Company unless otherwise indicated. The Mobile Application is not intended for use by person under 13 years of age, and the Company does not knowingly collect or use any information from children under the age of 13. No one under the age of 16 may provide any information to or on the Mobile Application or use or access the Mobile Application.

The Mobile Application is intended solely for use by users who access the Mobile Application in the United States. We make no representation that the services provided via this Mobile Application (or any goods or services) are available or otherwise suitable for use outside of the United States. Notwithstanding the above, if you access the Mobile Application, from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

II. DATA PRIVACY AND CONSENT TO COMMUNICATION

You acknowledge that you are using the Mobile Application for commercial purposes only. In this regard, and for the avoidance of doubt, we do not collect any personal information about you to provide you with the Mobile Application and Services. You acknowledge and agree that any information you provide us is commercial in nature, including any business contact information.

Your provision of business contact information to us constitutes your affirmative consent that we may contact you to provide you with information regarding our Services or the Mobile Application. We may contact you via telephone, text, e-mail or any other means in our discretion based on the information your provide to us.

III. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS:

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY E-MAILING THE COMPANY'S CUSTOMER CARE DEPARTMENT AT SERVICE@NELLIS-TECH.NET. IN THE UNLIKELY EVENT THAT THE COMPANY'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR MOBILE APPLICATION TO YOUR SATISFACTION (OR IF THE COMPANY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.

More specifically, you and the Company agree that any claim or dispute (“Claim”) between us shall, at the election of any one of us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for commercial arbitrations. It is the parties’ intent that this arbitration provision be construed broadly, including that this arbitration agreement cover any Claims by you against the Company and vice versa, as well as each of our respective corporate affiliates for claims arising out of this agreement, the Mobile Application, or the Services. You agree that, by entering into this Agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. Notwithstanding any of the foregoing provisions, any party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). The arbitration shall take place in either Clark County, Nevada, or within the county or parish in which you have registered for the Mobile Application or Services. The substantive laws of the state of Nevada shall govern the arbitration. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow the substantive law, and shall not be entitled to make errors of law. The arbitrator shall also follow the substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section IV shall survive any termination, cancellation or expiration of this Agreement.

IV. COMPLIANCE WITH LAWS

You agree to comply with the applicable laws in the jurisdiction(s) in which you do business. You also have a responsibility to be aware of, and to comply with federal, state and local laws and regulations that apply to you or your business. This includes, but is not limited to, laws relating to pricing. By entering into this agreement and by using the Mobile Application, you acknowledge and agree that you will institute best practices to ensure you and your company are compliant with applicable laws.

In consideration of your account with the Company and/or your order of, access to, and/or use of the Mobile Application or any Service, you agree to provide true, accurate, complete and current information about yourself or your business when prompted to do so by us. If any information you provide is untrue, inaccurate or not current, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate or not current, the Company, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, the Mobile Application or any Service, and refuse all current or future orders of, use of, and/or access to, the Mobile Application or Service, or suspend or terminate any portion thereof. You acknowledge and agree that the Company may, in its sole discretion, retain any information you provide to it while you have an account with the Company, including any information about you or any financial or other information obtained in connection with your account and/or the provision of any Service.

V. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, ASSOCIATES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR ANY OTHER COSTS OR EXPENSES (COLLECTIVELY, “LOSSES”), THAT MAY RESULT FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE, THE MOBILE APPLICATIONS OR SERVICES, OR ANY MATERIALS CONTAINED IN THE MOBILE APPLICATION OR SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD-PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTIES AS A RESULT OF ANY ACTS OR OMISSIONS BY THE COMPANY, INCLUDING WITHOUT LIMITATION, FOR ANY ISSUES RELATING TO PRICING.

The Services available through the Mobile Application could include technical inaccuracies or other errors that impact the Services, the Mobile Application, access to each, or pricing (among other things). The availability of the Mobile Application(s) or Services may also be interrupted due to technical or other conditions. You may also use the Mobile Application or Services in a manner not intended, and you may make mistakes in your use of the Mobile Application or Services that result in unintended consequences. Your use of the Mobile Applications or the Services is at your risk. The Company does not warrant that the functional aspects of the Mobile Application or Services will be uninterrupted or error-free, or that the Mobile Application, Services or the server that makes them available are free of viruses or other harmful components. Without limiting the foregoing and to the extent permitted by law, everything in the Mobile Application and the Services is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

To the extent any provision of this Section VI is deemed unlawful or unenforceable, the maximum amount you may recover from the Company for any Claims arising out of this agreement, the Mobile Application, or the Services shall be limited to the subscription fee you have paid the Company for your use and access to the Mobile Application or Services for the six month period preceding your Claim(s).

VI. COPYRIGHT POLICY

Use of Intellectual Property

The Mobile Application, Services and all of their contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, the Company logos, titles, characters, names, graphics and button icons (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Company’s Intellectual Property is owned or controlled by the Company or by third parties that have provided material to the Company Mobile Application.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Mobile Application, in whole or in part, without the express written permission of the Company.

Copyright Infringement

The Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights. If you believe that any intellectual property has been presented through our Mobile Application(s) or Services in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our agent, who can be reached as follows:

Registered Agents, Inc.

401 Ryland St, STE 200-A

Reno, NV 89502

In addition, you may send written notification by email to service@nellis-tech.net

Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.

Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address.

A statement that the complaining party has 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.

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.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

VII. TERRITORIAL RESTRICTIONS AND Jurisdiction

The Mobile Application and Services are governed by and operated in accordance with the laws of the United States of America and are intended for use in the United States. The Company makes no representation that the Mobile Application or Services are governed by or operated in accordance with the laws of other nations.

VIII. GENERAL PROVISIONS

In the event that any provision of this agreement shall be illegal or otherwise invalid or unenforceable, such provision shall be deemed modified in a manner consistent with the intent of the original provision (except for the provisions in Section IV), so as to make it valid and enforceable, or, if modification is not possible, such provision shall be deemed severed, and the balance of the agreement shall continue in full force and effect.

We reserve the right to change this agreement at any time to account for changes to the Mobile Application or Services. Please review the contents of this agreement from time to time, as the Company may amend it from time to time. Amendments will become effective when posted. The Company may not provide you with a notice of any change to this agreement. It is your responsibility to monitor and review any updates to this agreement. Your continued use of the Services will be deemed your acceptance of the changes to the agreement or Services. If you do not agree to a particular change or revision and do not agree to be bound by a change or revision, please stop using the Mobile Application or Services.

IX. CONTACT INFORMATION.

Should you have any questions or concerns about this Agreement, please email us at service@nellis-tech.net.