Terms of Service
Last Updated: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Nook Reserve ("Nook Reserve," "we," "us," or "our"), concerning your access to and use of the nookreserve.com website, any related mobile applications, and any services, features, content, or applications offered by Nook Reserve (collectively, the "Service").
By accessing, browsing, or using the Service, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must cease use of the Service immediately.
1. Acceptance of Terms 1.1. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. 1.2. By accessing or using the Service, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into this agreement. If you are under 18, you may not use the Service.
2. Use of Service 2.1. User Responsibilities: You are solely responsible for ensuring that your use of the Service complies with all applicable laws, rules, and regulations. 2.2. Acceptable Use Policy: You agree not to use the Service for any unlawful purpose or in any way that might harm, abuse, or negatively impact others, or the operation or security of the Service. 2.3. Prohibited Activities: You shall not: a. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. b. Engage in any activities that involve the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing or unsolicited commercial advertising. c. Interfere with or disrupt the integrity or performance of the Service or data contained therein. d. Attempt to gain unauthorized access to the Service or its related systems or networks. e. Upload, post, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. f. Collect or store personal data about other users without their express consent. g. Use the Service for any commercial purpose without the express written consent of Nook Reserve.
3. Intellectual Property Rights 3.1. Nook Reserve Content: All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Service (excluding User Content) are protected under applicable copyrights, trademarks, and other proprietary rights and are the property of Nook Reserve or its licensors. The copying, redistribution, use, or publication by you of any such matters or any part of the Service is strictly prohibited. 3.2. User Content: By submitting, posting, or displaying any content on or through the Service, you grant Nook Reserve a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license to Nook Reserve.
4. Disclaimers and Limitation of Liability 4.1. No Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Nook Reserve makes no warranties, expressed or implied, regarding the Service, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. 4.2. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Nook Reserve, its affiliates, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Service. 4.3. Indemnification: You agree to indemnify, defend, and hold harmless Nook Reserve and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Service.
5. Termination 5.1. Termination by Nook Reserve: We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 5.2. Termination by User: You may terminate your agreement with Nook Reserve at any time by ceasing your use of the Service. 5.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Governing Law and Dispute Resolution 6.1. These Terms shall be governed and construed in accordance with the laws of [Jurisdiction, e.g., the State of California, United States], without regard to its conflict of law provisions. 6.2. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in [Appropriate Court/Arbitration location, e.g., San Francisco, California], in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators.
7. Miscellaneous Provisions 7.1. Amendments: Nook Reserve reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. 7.2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 7.3. Entire Agreement: These Terms constitute the entire agreement between you and Nook Reserve regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service. 7.4. Contact Information: For any questions regarding these Terms, please contact us at [email protected].