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A. ACCEPTANCE OF TERMS NudgeBack.com provides email receipt notification service to users, subject to the following Terms of Sewvice ("TOS"), which may be updated by us without notice to you. If you are viewing this TOS offline, please review the lastest version at http://www.nudgeback.com/terms.html. B. DESCRIPTION OF SERVICE NudgeBack.com provides its users email receipt notifications ("Service"). You understand and agree that the Service is provided "AS-IS" and that NudgeBack.com assumes no responsibility for the reliability of the Service. C. INDEMNITY You agree to indemnify and hold NudgeBack.com, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. D. DISCLAIMER OF WARRANTIES Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVALIABLE" basis. NudgeBack.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. E. LIMITATION OF LIABILITY You expressly understand and agree that NudgeBack.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: the use or the inability to use the Service; 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 the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service. F. EXCLUSIONS AND LIMITATIONS 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 of sections E and F may not apply to you. G. GENERAL INFORMATION The TOS constitute the entire agreement between you and NudgeBack.com and govern your use of the Service, superceding any prior agreements between you and NudgeBack.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and NudgeBack.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and NudgeBack.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of NudgeBack.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one year after such claim or cause of action arose or be forever barred. |
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