Terms of Service
Nominee Technology, Inc.
Terms of Service
Last Revised: April 10, 2023
Acceptance of Terms
These Terms of Service (this “TOS”) govern your access and use of the website located at https://www.gonominee.com/ (together with any successor site, the “Site”) operated by or on behalf of Nominee Technology, Inc. (the “Company”, “we” or “us”). The Site and all services, content, tools, features, and functionalities offered on or through the Site (including the platform described in Section 3) are collectively referred to, collectively, as the “Service”. By accepting this TOS or by accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this TOS.
For purposes of this TOS, “you” or “your” means you as a user of the Service. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this TOS, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will update the “Last Revised” date at the top of the page of this TOS. You can review the most current version of this TOS at any time at https://www.gonominee.com/terms-of-service. We will also use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, a pop-up notice on the Site, email via the email address associated with your Account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS. If any change to this TOS is not acceptable to you, you must cease all access or use of the Service.
PLEASE READ THIS TOS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 15 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 15.
Your Privacy At the Company, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.gonominee.com/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Description of Service The Service provides a technology platform designed to provide individuals from all backgrounds with the knowledge and skills needed to step up and make a meaningful impact in their communities. The platform provides resources, learning materials, productivity tools, workshops and mentorship opportunities in furtherance of the foregoing.
As part of the Service, if you are seeking mentorship opportunities (such a person, a “Mentee”), the Service may connect you with a person offering mentorship services (such a person, a “Mentor”). We are not affiliated with any Mentor or Mentee and we are not responsible for the performance of services by a Mentor. THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES BETWEEN A MENTOR AND A MENTEE ARISING FROM A MENTORSHIP OPPORTUNITY MADE AVAILABLE THROUGH THE SERVICE OR OTHERWISE ARISING FROM THE ACTS OR OMISSIONS OF A MENTOR OR MENTEE IN CONNECTION WITH SUCH MENTORSHIP OPPORTUNITY.
Eligibility To be eligible to use the Service, you must be at least 14 years of age. If you are at least 14 years of age but less than 18 years of age, you represent that your legal parent(s) or guardian(s) consent to your use of the Service and agree to be bound by this TOS in respect of your use of the Service.
Access and Use of the Service
To use certain portions of the Service, you will be required to create an account with us. In order to create an account or access and use certain features of the Service, you may be required to register with Company or to provide information about yourself (e.g., name and email address). If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree not to share your credentials with anyone, not to allow anyone who is not a registered user access the Service, and to immediately notify Company of any unauthorized use of your password or account or any other breach of security.
Subject to the terms and conditions of this TOS, you may access and use the Service only for your personal, non-commercial purposes. You shall not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of any part of the Service, (b) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (c) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (d) modify, adapt or hack the Service to, or otherwise attempt to, gain unauthorized access to the Service or its related systems or networks, (e) use bots, hacks, mods or any other unauthorized software designed to modify the Service, (f) circumvent, remove, alter or thwart any technological measure or content protections of the Service, (g) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same, (h) introduce any viruses, trojan horses, worms, bombs or other materials that are malicious or technologically harmful into our systems, (i) use our Service to transfer, disseminate or share content, information, data, software or any material that violates third party intellectual property rights, (j) impersonate any person, including by registering using someone else’s identity to create an account, or by using credit cards that you are not authorized to use, (k) create accounts in bulk or use bots to try to break into another users’ account or (l) access or use the Service in any way not expressly permitted by this TOS. Furthermore, you shall comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service. You acknowledge that, although Nominee has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Code of Conduct
We want to create an environment that is both welcoming and conducive to learning. Our Code of Conduct is more than just a statement of rules, it also establishes our values and expectations towards you when you use our Service. Our mission is to provide an inclusive environment in which everyone feels welcomed to join in and learn. We ask that you help maintain that environment by respecting our Code of Conduct. If you are in breach of our Code of Conduct, we may suspend your access to the Service, or send you a written notice, depending on the severity of your actions. In accepting this TOS, you acknowledge and agree to comply with this Code of Conduct:
a) Respect and Inclusivity. We expect you to respect others and use respectful language. This means that we expect both language and conduct to be inclusive of others. You must be respectful of other points of view and opinions, even if you disagree with them. This is not an excuse to use violent or disrespectful language. Constructive criticisms are welcome and should be received in a graceful manner.
b) No Discrimination. We can’t insist enough on this. We will not allow any discrimination, for any reasons. Gender, age, origins, race, physical or mental disabilities, language and political affiliations are no reason to discriminate.
c) No Harassment. We will not tolerate any harassment, whether sexual or otherwise. This means no sexualized language or images, or unwelcome sexual attention or advances. We ask that you be patient, and if you do not get the answer that you expect in due time, please raise your concerns with us – as opposed to harassing the applicable user. It is important that all Service users feel safe when using our Service. If you are involved in criminal harassment, we may report you to the authorities.
d) Respect Privacy. We will not accept that you spy or intrude on the private life of other users. You cannot use the personal information of other users, or publish them online, or use them for commercial purposes, unless they consented for you to do so. You should not stalk other users, and you may not engage in defamation. If you are not satisfied with a Mentor or if you have concerns with a Mentee, you should bring these concerns to us.
e) Appropriate behavior. Mentors and Mentees are expected to maintain professional conduct for the length of the mentorship relationship. Mentees will not request introductions or contact information from Mentors. Mentors must first offer to open their network to the Mentee.
f) Public Opinions and Comments. If you use our Service to comment publicly, such as to leave reviews or comments on our blog, you agree to use professional language and avoid “trolling” others, or us. This means that you should take responsibility for your own words and comments, not say anything online you would not say in person or treat others unfairly, including insulting or otherwise attacking their opinions. We respect freedom of speech and diversity of opinions, and we expect you to do the same when using our Service. If you do not respect these rules, we may also delete your comments, at our sole discretion.
If you feel that another user has breached our Code of Conduct, we encourage you to notify us immediately by writing team@gonominee.com. We will conduct an inquiry and protect your anonymity whenever possible. We will take the appropriate actions for you to feel secure when using our Service.
Subscriptions
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Company that the information regarding your credit card or other payment instrument is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize the Company or our third party payment processor to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.
You agree that if you purchase a subscription to the Service, your subscription will automatically renew on a monthly or annual basis (in accordance with your payment plan) at the then-current rates. We reserve the right to change the subscription prices at the end of each subscription term and will provide notice of the change on the Site or in an email to you, at the Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount upon renewal of your subscription. Your payment method will automatically be charged at the start of each new subscription period in accordance with this Section 7. To avoid future subscription charges, you must cancel your subscription at least two business days before the subscription period renewal date by emailing team@gonominee.com. All payments made by you hereunder are final and non-refundable. However, following any cancellation, you will continue to have the benefits of your Nominee membership through the end of your current billing period.
You can sign up for a free trial account for the paid portion of the Service and your free trial period shall start on the day you create the trial account and last for thirty (30) days. If you are on a trial, you may cancel at any time until the last day of your trial period by following the cancellation procedures set forth in Section 7.2. If you do not cancel your trial account at the end of your trial period, you will be charged for your continued use of the Service in accordance with this Section 7.
Your Content
You are solely responsible for all data, information, feedback, suggestions, text, photos, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to your use of the Service (“Your Content”). By posting Your Content on or through the Service, you hereby grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with (a) providing the Service, including providing you with third party product recommendations and (b) the Company’s marketing and promotional purposes in accordance with our Privacy Policy. Furthermore, the Company may use the data and information within Your Content to derive insights and analytics, and to generate and provide you with third party service recommendations.
You understand that the operation of the Service may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. The Company employs a number of technical, organizational and physical safeguards designed to protect Your Content. However, no security measures are failsafe and the Company cannot guarantee the security of Your Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You hereby authorize the Company and its third-party service providers to derive statistical and usage data relating to your use of the Service. We may use such data for any purpose in accordance with applicable law and our Privacy Policy.
Mentorship Services
Terms applicable to Mentees:
Each Mentor decides, at their sole discretion, whether they want to approve or decline your request to book a mentorship session. You agree and understand that the mentorship session is only booked once it is approved by the Mentor.
You are solely responsible for your choice of Mentors. Although we provide suggestions based on the information you shared with us through the creation of your account, such as your professional interests, you agree and understand that these suggestions are not mandatory and may not accurately reflect your needs.
When booking a mentorship session with a Mentor, you will be required to leave a short introduction message describing the type of guidance you are looking for. We encourage you to make your expectations clear. You agree and understand that mentoring is personal and depends on human connections. We do not guarantee or warrant that you will be satisfied with your Mentor, and neither will we reimburse you if you are not satisfied with your Mentor. . If you cancel your mentorship session less than 24 hours from the planned date for the mentorship session, you will be charged a cancellation fee based on the preferred cancellation policy chosen by the Mentor you have chosen to book with. You hereby authorize the Company or our third party payment processor to bill your payment instrument for such cancellation fee.
Terms applicable to Mentors:
You agree and understand that we select our Mentors at our own discretion, and that we may refuse your request or application to become a Mentor. We may also revoke, suspend or terminate your right to be a Mentor at our reasonable discretion and any time if you (a) breach these Terms of Use; (b) if we receive negative feedback about your mentorship; or (c) if you have not been active for an extended period of time. We will provide you with a notice and an opportunity to contest our decision.
You may decline a Mentee’s request for a mentorship session at your sole discretion. You must deploy all reasonable efforts to be present for a planned mentorship session with a Mentee. If you must cancel a planned mentorship session with a Mentee, a prior written notice of 24 hours is required. You agree and understand that we may revoke your Mentor status and suspend your account if we notice an unusual amount of cancellation or if we receive too many complaints. Mentees may cancel mentorship sessions upon 24 hours prior written notice. If a Mentee cancels several times, we recommend that you refuse future mentorship session requests altogether, and that you reach out to us to inform us of the situation. You alone decide on the availability that you want to offer to Mentees. We do not impose minimal periods of availability.
You may promote your role as a Mentor on the Service by using social media and other means, and we hereby grant you a non-exclusive, worldwide, non-transferable and non-sublicensable, royalty-free and limited right to use our trademarks for marketing purposes only in relation to your mentorship services. Notwithstanding the foregoing, you may not engage our liability with our trademarks, such as by making representations or warranties, and you may not use our trademarks to hurt our reputation and goodwill. We reserve our right to feature some Mentors on a regular basis and conduct marketing activities for our Service at our discretion. You agree and understand that we may use your profile, name, likeness and gallery picture(s) for marketing purposes. If you do not want to be featured in any of our marketing material, you may let us know at team@gonominee.com.
You agree and understand that you may not, directly or indirectly, solicit our Mentees to leave our Service, to use another platform or service to communicate with Mentees or to conduct mentorship sessions with Mentees without going through the Service.
Intellectual Property Rights
The Service, including the “look and feel” of the Site, and all related proprietary content, information and other materials, are protected under intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Service, including all intellectual property rights therein. Any rights not expressly granted herein are reserved.
The “Nominee” name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this TOS or the Service, other than in connection with Mentors marketing mentorship services as stated in Section 9.2.3, should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to the Company any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties(the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Apple, Facebook, LinkedIn or Google, and may use these services to create accounts and connect to your accounts. You agree that it is your responsibility to review and evaluate all the content on such Third Party sites, and that any and all risk associated with the use of, or reliance on, any third party information, content, or service rests with you. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation of any such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Indemnification To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates and its and their respective officers, employees, directors, service providers, licensors and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, arising out of or relating to (a) your use of the Service, (b) Your Content, or (c) your violation of this TOS. The Company will provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without the Company’s prior written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE , INCLUDING ANY CONTRACTOR SERVICES, WILL MEET YOUR EXPECTATIONS. ANY REFERENCE TO PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT OR A RECOMMENDATION OF THOSE PRODUCTS AND SERVICES BY US. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE OR SERVICE.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in this TOS as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to this TOS (including any alleged breach thereof), the Service, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this TOS, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral single arbitrator, not a judge or jury, whose decision will be final and binding. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at team@gonominee.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to the mailing address listed in Section 19 below (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with JAMS under its its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS Rules and fees for consumer disputes can be found at JAMS’ Comprehensive Arbitration Rules and Procedures page, https://www.jamsadr.com/adr-rules-procedures/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this TOS as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this TOS and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Company and you agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the JAMS Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 15.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 15.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this TOS will continue to apply.
You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to the U.S. mailing address listed in Section 19 below. The notice must be sent to us within thirty (30) days of your first access to the Service or agreement to this TOS (or if this Arbitration Agreement is amended hereafter (other than a change to the Notice Address), within thirty (30) days of such amendment being effective) and such notice must specify your name and mailing address. If you opt-out of this Arbitration Agreement, we will also not be bound by the terms of this Arbitration Agreement.
Termination You agree that the Company, in its sole discretion, may suspend or terminate your use of the Service and remove and discard any content within the Service (including Your Content), for any reason, including if the Company believes that you have violated this TOS. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Service.
General This TOS constitute the entire agreement between you and the Company governing your access and use of the Service, and supersede any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. This TOS will be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. Except as set forth in Section 15.8, if any provision of this 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 this 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 this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this TOS and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this TOS without the prior written consent of the Company, but the Company may assign or transfer this TOS, in whole or in part, without restriction. The section titles in this TOS are for convenience only and have no legal or contractual effect. As used in this TOS, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.
Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth in Section 19 below.
Questions? Concerns? Suggestions? Please contact us at team@gonominee.com to report any violations of this TOS or to pose any questions regarding this TOS or the Service.