New Life Solution, Inc. Terms & Conditions
Last Updated: April 6, 2017
THESE TERMS AND CONDITIONS CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST NLS TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
General terms and conditions
We may change these Terms and Conditions from time to time. We will post any changes to the Terms and Conditions on this page and update the Terms and Conditions modification date. If the changes are significant, we may, in our sole discretion, post a more prominent notice on the home page of the Website, or notify you by email at the address we have on file for your account (“Account”). You agree that your continued access or use of the Website or any Services after posting of the changes to the Terms and Conditions or your receipt of notice of a change to the Terms and Conditions will constitute your affirmative acceptance of any such change and your agreement to its terms.
Additional policies and terms may apply to specific portions of the Website or the Services and are not set forth herein (“Special Terms”). Please refer and review all additional Special Terms. If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms shall control with respect to your use of that area of the Website or that portion of the Services. All Special Terms are incorporated into these Terms and Conditions by reference and made a part of these Terms and Conditions as if set forth in its entirety herein.
NLS is not a healthcare provider or a medical organization and our staff cannot give you medical advice or diagnosis care, services, treatment or supplies related to the health of an individual. Nothing contained in this Website, any Services, or our services should be construed as such medical advice or diagnosis care, services, treatment or supplies related to the health of an individual. The information presented and generated by us should not be interpreted as a substitute for physician consultation, evaluation or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
You must be an individual, 18 years of age or older to access or use this Website or any Services . If you are between the ages of 13 and 18 and your parent or guardian has authorized your use of the Services as a Registered User on their account (a “Minor User”), you may use the Services subject to the terms and conditions of this Agreement. If you are a parent or guardian who has authorized a Minor User, you acknowledge and agree that you shall remain responsible and liable for any and all actions undertaken by your designated Minor User(s) on the Services.
Registered Users (as defined below) must be human: no machines, scripts or automated services may be used in connection with the Website. You may maintain only one Account. Any duplicate Accounts will be subject to cancellation.
You must have Internet access, an email address, and agree to accept Cookies (i.e., small pieces of information that the Website stores on your computer’s hard drive when you visit), and for certain services pay any required fees, to be eligible to receive all the privileges and benefits of the Website and any Services. NLS is not responsible for your inability to connect to the Internet, log into the Website or access your Account. You are responsible for notifying NLS of changes in your email address.
Becoming a Registered User
If you elect to become a Registered User of the Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us to keep it true, accurate and complete. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate or incomplete, or if we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a Registered User of this Website. You further agree not to register for more than one Account, create an Account on behalf of someone else or create a false or misleading identity on this Website.
Ownership and Use of Website and Services
All right, title and interest in and to the Website, the Services and all products, services and Content are and shall remain the intellectual property and copyrighted works of NLS and/or its licensors and is protected by United States and international copyright, trademark and other laws. You may not use or frame any NLS name, trademark, logo or other proprietary materials, including images posted on the Website, the content of any text or the design of any page, or form contained on a page, without NLS’s express prior written consent. Except as stated in this Terms and Conditions, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of NLS or the respective owner.
Limited License; Restrictions
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of the Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of or in any way exploit any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including but not limited to use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive our prior written consent.
You may use the Services subject to all of the following: (a) the Services may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or have any third party attempt to, decompile, reverse engineer or otherwise attempt to gain access to the Services source code (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); (c) you may not attempt to, or have any third party attempt to, disable or circumvent the intended operation of the Services or disclose any such method or means to any third party; (d) you may not modify, translate or create derivative works of the Services; and (e) the Services may not be shared, rented, leased, loaned, transferred, sublicensed, assigned, copied, redistributed or used for timesharing or service bureau purposes or for any purpose than its own use.
Password and User Security
If you are a Registered User of this Website, you are entirely responsible for maintaining the confidentiality of your password and Account information and all activities which occur under your Account. You agree that you will not share your password, Account information, or access to the Website or Services with third parties other than NLS, and that any use of your Account information and/or password by a third party will be your responsibility. You agree to notify us immediately by email at firstname.lastname@example.org in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or anyone else’s password.
You acknowledge that NLS may establish general practices and limits concerning use of the Website and Services, including without limitation the maximum period of time that data or other content will be retained by the Website and/or Services and the maximum storage space that will be allotted on NLS’s servers on your behalf. You agree that NLS has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Website and/or Services. You acknowledge that NLS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that NLS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Website and Services include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Website and/or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding NLS and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
No Interference with the Website, Services, NLS Networks or Systems, or Registered Users
You agree not to access or use the Website or Services in any manner that may damage, disable, unduly burden, or impair any NLS networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Website, Services, or any NLS networks or systems, or to interfere or attempt to interfere with the Website, any Services, or any NLS networks or systems. You agree not to attempt to interfere with services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Website, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Website, Services or any NLS networks or systems. Refusal to abide by this or any other rules may result in NLS canceling your Account and enforcing its rights to the fullest extent permitted by applicable law.
Apple-Enabled Services Applications
NLS offers Services applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Services that is made available for your use in connection with an Apple-branded product (such Services, “Apple-Enabled Services”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- NLS and you acknowledge that these Terms and Conditions are concluded between NLS and you only, and not with Apple, and that as between NLS and Apple, NLS, not Apple, is solely responsible for the Apple-Enabled Services and the content thereof.
- You may not use the Apple-Enabled Services in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Services in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Services is limited to a non-transferable license to use the Apple-Enabled Services on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Services.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Services to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Services, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be NLS’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- NLS and you acknowledge that NLS, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Services or your possession and/or use of that Apple-Enabled Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Services or the end-user’s possession and use of that Apple-Enabled Services infringes that third party’s intellectual property rights, as between NLS and Apple, NLS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Services, they should be directed to NLS as follows:
260 Franklin St,
Boston, MA 02110
(617) 916 – 1262
NLS and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions with respect to the Apple-Enable Services, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you with respect to the Apple-Enable Services as a third party beneficiary thereof.
You agree to defend, indemnify and hold harmless NLS, its officers, directors, employees, agents, licensors, stockholders, suppliers, service providers and affiliates from and against any and all losses, costs, expenses, claims, actions ,demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees (collectively, “Losses”) resulting from, or alleged to result from, your breach of these Terms and Conditions, your use of the Website and its services or the Services, or any action taken by NLS as part of its investigation of a suspected violation of these Terms and Conditions or as a result of NLS’s finding or decision that a violation of these Terms and Conditions has occurred, including without limitation, claims made by third parties for infringement of intellectual property rights, or in connection with any Content that is provided by you or through your username and/or password. You agree to cooperate as fully as reasonably required in NLS’ defense and/or settlement of any claim. NLS reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.
The use of the Website, the Services and the Content is at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the reasonable control of NLS and its service providers and agents. Accordingly, NLS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or any Services, or any Losses you may suffer as a result.
Access of your data by third party employer or health plan:
With certain integrations, some of the personal information generated or stored by meQuilibrium will be transferred back to the integrating partner in order to accomplish application integration, or perform analytics.
Data sharing for Application integration: in this scenario, certain non-sensitive pieces of your information will be transferred to the entity acting as your wellness portal. In this case, example data includes : meQ Score, scores on individual Resilience Factors, last time logged in, or application progress. Please note that long-form answers to questions, or journal entries will not be shared in this type of integration. The intent of this data sharing is so that you can view high level meQuilibrium status easily on your HR portal, without having to login to meQuilibrium.
Data sharing for Analytics: with some partners, we engage in population analytics in order to measure the impact of resilience on people’s lives. When performing this type of analysis, detailed data will be sent to the contracted owner of the account, including : meQ Score, scores on individual Resilience Factors, last time logged in, and other information derived from the answers to individual assessment questions. When this type of analysis is performed, we will anonymize the personally identifying information prior to exposing it to the entity doing the analysis. The entity performing that analysis may be the owner of the account, it may be NLS staff, or it may be a qualified third party
Revoking consent: if you wish to prevent the data sharing described above you may delete your account and data from meQuilibrium. In order to do so please send an email to email@example.com with that request.
These Terms and Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any Losses caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any Losses arising out of, either directly or indirectly, you or any other person involved or related to such transactions.
Disclaimers of Warranties
ANY AND ALL PRODUCTS, SERVICES, SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY AND NON-INFRINGEMENT. NONE OF NLS, OUR AFFILIATES, AND OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS WARRANT THAT THIS WEBSITE, ITS SERVICES, THE SERVICES OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVICES OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, SERVICES, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, SERVICES, OFFERING, CONTENT OR MATERIAL. NONE OF NLS, OUR AFFILIATES, AND OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS,SUPPLIERS, OR AGENTS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, ITS SERVICES, OR THE PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Where applicable law does not allow the exclusions of implied warranties, the aforementioned exclusions may not apply to you.
NLS may, at any time and for any reason and without notice: (a) modify, suspend or terminate operation of or access to the Website, or any portion thereof; (b) modify or change the Website, or any portion thereof, and any applicable policies or terms; and (c) interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF NLS, OUR AFFILIATES, AND OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS,SUPPLIERS, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS SERVICES OR THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE, ITS SERVICES OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL LOSSES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR WEBSITE, ITS SERVICES OR THE SERVICES, AS THE CASE MAY BE, IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, ITS SERVICES OR THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE, ITS SERVICES OR THE SERVICES, AS THE CASE MAY BE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLCABLE LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Website may be accessed by users internationally and may contain references or cross references to products, services, software or programs that are not available in your country. Such references do not imply that NLS intends to make available in your country such products, services, software or programs, or that such products, services, software or programs may lawfully be used or imported into your country. Any offer made on the Website is void where prohibited.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at (617) 600 – 6671. You can also email us at firstname.lastname@example.org
However, if NLS is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services or the Website we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (” JAMS”). You and NLS mutually agree to arbitrate all unresolved disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted.
JAMS will administer any such arbitration under its Comprehensive Arbitration Rules & Procedures and Consumer Minimum Standards. The arbitration will be held in the United States county where you live or work or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to NLS should be addressed to Privacy Offer. Any notice to you shall be sent to your address as set forth in NLS’s records of account or such other legal address as NLS is able to identify. You agree that, by entering into this Agreement, you and NLS are each waiving the right to a trial by jury or to participate in a class action. You may only resolve disputes with us or participating attorneys on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
All costs and fees associated with the arbitration will be consistent with JAMS Consumer Minimum Standards located at http://www.jamsadr.com/Consumer-Arbitration/. All remedies available to you in a court of law will also be available to you in arbitration.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
- Either you or NLS may assert claims, if they qualify, in small claims court in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
- NLS may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site without first engaging in arbitration or the informal dispute-resolution process described above.
- NLS may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
- In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Site we agree that any resulting judicial proceedings will be brought in the courts of Massachusetts, and by your use of the Services and/or Website you expressly consent to venue and personal jurisdiction of the courts therein.
NLS may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with these Terms and Conditions. You may reject any changes made during your use of the Services and/or Website by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address:
260 Franklin St,
Boston, MA 02110
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your access or use of this Website, its services, the Services or these Terms and Conditions shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, each party shall have the right to commence and prosecute any action for injunctive relief before any court of competent jurisdiction.
If any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect.
You may not assign your rights and obligations under these Terms and Conditions, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under these Terms and Conditions, in whole or in part, with written notice to you. These Terms and Conditions will inure to the benefit and burden of the parties hereto and their permitted successors and assigns. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of NLS to enforce the strict performance of any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment.
You may not use or export or re-export any Content or any copy or derivative work thereof, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
These Terms and Conditions and any Special Terms referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual and other legal requirements for a writing and to be legally enforceable as a signed writing as against the parties, and will be deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business.