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NOBULL Terms of Use

Last updated: 6/3/21

These website terms of use are entered into by and between you and NOBULL, LLC. (“NOBULL”“Company""we" or "us"). The following terms and conditions, together with any documents, agreements or policies they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.NOBULLPROJECT.com or any other mobile or web interface now existing or later developed (e.g., mobile sites or mobile applications, collectively, “Online Applications”), including any content and functionality offered on or through www.NOBULLPROJECT.com or any Online Applications (collectively, the "Website"). The term “you,” as used in this these Terms of Use, means any person or entity who accesses or uses the Website.

Please read these Terms of Use carefully before you use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.NOBULLPROJECT.com/pages/privacy-policy, incorporated herein by reference. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Website, you agree to such terms and condition, these Terms of Use, and the Privacy Policy. The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements.

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

  1. CHANGES TO THE TERMS OF USE & WEBSITE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

  1. ACCESSING THE WEBSITE

We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, and any membership program, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

  1. CREATING AN ACCOUNT

In order to access certain portions or features of the Website, or to purchase products or services, you may be required to create a profile or account. When you create an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secure and you are solely responsible for all activities that occur using your user ID and password.

  1. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, podcasts, images, video and audio, and the design, selection and arrangement thereof), are owned by NOBULL, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use. If we provide social media features, such as FacebookTwitterInstagram, or others that are later developed, with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by NOBULL. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. TRADEMARKS

All trademarks, service marks, logos and trade names which appear on products of NOBULL, product packaging and/or on the Website, whether registered or not (including but not limited to: the word mark “NOBULL” and the NOBULL logo) (the “Marks”) are and shall remain the exclusive property of NOBULL or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without NOBULL prior consent, which shall be in NOBULL’s sole discretion. The use of any of the Marks on any other website is prohibited without the express written consent of NOBULL.

  1. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate NOBULL, a NOBULL employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NOBULL or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. USER CONTRIBUTIONS

The Website may contain message boards, surveys, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials, including photos and videos, (collectively, "User Contributions") on or through the Website.  All User Contributions must comply with these Terms of Use, including without limitation, the Content Standards set out in Section 9.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the User Contributions in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the User Contributions.  You represent and warrant that (x) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (y) all of your User Contributions do and will comply with these Terms of Use. We reserve the right to use, not use, or discontinue using any User Contributions in our sole discretion at any time.

Additional Terms for Submitted Photos and Videos

The Website may allow you to submit photos and videos (collectively “photos”) to NOBULL.  If you do, such photos will be considered “User Contributions” and all applicable terms and conditions in these Terms of Use shall apply.  Please do not provide any photos that you did not take yourself or that you do not have permission to provide to us.  By sending us photos, you represent and warrant to NOBULL that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s).

If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to provide it to NOBULL in accordance with these Terms of Use (which you have provided a copy of to all such persons).  DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.         

  1. MONITORING AND ENFORCEMENT; TERMINATION

We have the right (but not the obligation) to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for NOBULL.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or any other transmissions, communications or content provided by any user or third party, including any such content that purports to give advice, including medical advice, regarding diet, training, fitness or exercise or the use of any products or services. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, sexual, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Contain any personal information such as contact information or social media handles.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Contain any medical advice, or give the impression that it contains medical advice.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Promote any third party organization or business.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. NO RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Website at a particular time does not imply or warrant that these products or services will be available at any time. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, athletes, trainers, coaches, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NOBULL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NOBULL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Website may include information and features that promote physical activity, nutrition or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.  The Website may include or display images and videos of people playing sports and exercising.  Please be aware that we are not familiar with your individual physical characteristics and health.  Before you begin any exercise program or physical activity, you should consult with a medical professional.

  1. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

Please refer to NOBULL’s Privacy Policy for important information about our collection, use and sharing of your personal information. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  In such cases, you may not link to any part of the Website other than the homepage and you must not cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  1. LINKS FROM THE WEBSITE

Our Website may contain links to websites that are owned and controlled by third parties that are not within NOBULL’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

  1. GEOGRAPHIC RESTRICTIONS

Our Website is hosted from and is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

  1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND NOBULL DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. NEITHER NOBULL NOR ANY PERSON ASSOCIATED WITH NOBULL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NOBULL NOR ANYONE ASSOCIATED WITH NOBULL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND DOES NOT APPLY TO YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM NOBULL.

  1. LIMITATION ON LIABILITY

IN NO EVENT WILL NOBULL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless NOBULL, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

  1. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with any action or claim in related to or in connection with the Website or your use thereof (“Claim”). All Claims must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms of Use, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms of Use.

You and NOBULL intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16.

You and NOBULL waive any rights to maintain other available resolution processes for Claims, such as a court action or administrative proceeding, to settle disputes. You and NOBULL waive any right to a jury trial for Claims.

Instead of litigating in court, we each agree to handle and settle Claims solely by binding arbitration conducted in Massachusetts before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, you or NOBULL may ask any court of competent jurisdiction to select an arbitrator from a list provided by you and NOBULL.

You agree that you will not file a class action against NOBULL, or participate in a class action against NOBULL. You further agree that you will not file or seek a class arbitration, or participate in a class arbitration against NOBULL.

  1. WAIVER AND SEVERABILITY

Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you and NOBULL 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 Terms of Use remain in full force and effect.

  1. ENTIRE AGREEMENT; ADDITIONAL TERMS

The Terms of Use, our Privacy Policy, Additional Terms (as defined below), and any other terms and conditions made available to you by NOBULL, as applicable, constitute the sole and entire agreement between you and NOBULL with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use the Website.

Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain features (e.g. NOBULL Communities, testimonials, sweepstakes or contest entries). If applicable, these Additional Terms will be provided or made available to you (which may be by link) when you use such features. These Additional Terms are incorporated into and made a part of these Terms of Use by reference. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

  1. YOUR COMMENTS AND CONCERNS

The website is operated by NOBULL, Inc. located at 294 Washington Street, Boston, MA 02108.

All written notices due or contemplated hereunder should be sent to the attention of the Legal Department as indicated below.

NOBULL, Inc.
294 Washington Street
Boston, MA 02108
Re: Legal Department/Terms of Use Notice

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to connect@nobullproject.com

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