Effective: January 2, 2020
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
Intellectual Property Rights
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
The Company name, the terms, the readyAGS logo, NASCENT’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
NASCENT TECHNOLOGY, LLC DOES NOT WARRANT: (1) THAT THE WEBSITE/ APPLICATION'S FUNCTIONS OR ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE WEBSITE/APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. NASCENT TECHNOLOGY, LLC SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. NASCENT TECHNOLOGY, LLC AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
YOUR ACCESS TO AND USE OF THE WEBSITE/APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE/APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.
The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Website/Application or your possession and/or use of the Website/ Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
Limitation of Liability/Release of Claims
NASCENT TECHNOLOGY, LLC WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
NASCENT TECHNOLOGY, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE WEBSITE/ APPLICATION) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF NASCENT TECHNOLOGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED 114 WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL NASCENT TECHNOLOGY, LLC'S LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAD BY YOU TO ACQUIRE THE WEBSITE/APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF NASCENT TECHNOLOGY, LLC'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY NASCENT TECHNOLOGY, LLC, INCLUDING WITHOUT LIMITATION THE WEBSITE/ APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold NASCENT TECHNOLOGY, LLC and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "NASCENT TECHNOLOGY, LLC Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the NASCENT TECHNOLOGY, LLC Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Website/Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to NASCENT TECHNOLOGY, LLC's or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. NASCENT TECHNOLOGY, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NASCENT TECHNOLOGY, LLC, and you will cooperate with NASCENT TECHNOLOGY, LLC's defense of these claims.
This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Services and Content available through the Application. NASCENT TECHNOLOGY, LLC may terminate this Agreement at any time for any reason or no reason. However, if you paid NASCENT TECHNOLOGY, LLC or its authorized Distribution Channel to acquire the Application, and we terminate this Agreement within thirty days after you made your payment for reasons other than your breach of this Agreement or the NASCENT TECHNOLOGY, LLC Terms, we will refund a prorated portion of the purchase price corresponding to the portion of such one year period for which our action caused you not to be able to use the Application. Upon termination for any reason, the license granted here will immediately terminate.
Governing Law, Venue, and Jurisdiction.
If you have any dispute with or claim against us or any of our affiliates (a "Claim") arising out of or relating to the Application or this Agreement, and the claim is not resolved by calling our customer service department at (8XX) 000-0000, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person's claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 12 shall survive termination of this Agreement or any subscription that you may have to receive Content.
Before you commence an arbitration or file a small claims court action with respect to your Claim, you must first send to NASCENT TECHNOLOGY, LLC a written notice of your claim ("Notice"). The Notice must (1) be sent by certified mail; (2) be addressed to: NASCENT TECHNOLOGY, LLC, 2744 Yorkmont Road, Charlotte, NC 28208 Attn: Legal Department; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Commercial Arbitration Rules, including the Consumer-Related Disputes Supplementary Procedures, if applicable (the "Rules"). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at www.adr.org. In circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. For any non-frivolous Claim that does not exceed $50,000, NASCENT TECHNOLOGY, LLC will pay all costs of the arbitration, and reimburse any filing fees you may be required to pay. if the arbitrator awards you damages that are greater than NASCENT TECHNOLOGY, LLC's last written settlement offer communicated before commencement of the arbitration, NASCENT TECHNOLOGY, LLC will pay you the greater of $1,000 or the amount of the award
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with the NASCENT TECHNOLOGY, LLC Terms and any Additional Terms. To the extent that the provisions of this Agreement conflict with the NASCENT TECHNOLOGY, LLC Terms, this Agreement will govern. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email, if you have provided it to us. if you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. if any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and we acknowledge and agree that the Distribution Channel and its subsidiaries are intended third party beneficiaries of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
NASCENT TECHNOLOGY, LLC.
2744 Yorkmont Road
Charlotte, NC 28208
If you have any questions, claims, or complaints, you should notify us using the Contact Us Link on this site or by clickingHERE
You hereby acknowledge that you have read and understood this Agreement and agree that by accessing or using this Website clicking "Accept" or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.