1. Introduction
Welcome to Nurture! Nurture is an immersive learning platform designed to teach 4-7 year olds foundational life skills such as critical thinking and resilience through immersive, story-based games (the “Nurture”). Nurture Holdings Inc. (“Company”, “we”, “us”, or “our”) owns and provides Nurture through the Nurture mobile app (the “App”) and nurture.is website (“Site”) (the App and Site, together with Nurture, the “Platform”) and associated features, functionality, Content (as defined below), materials, and services (collectively, the “Services”) to parents and their children (“Users”) to engage in family, learning adventures together.
By accessing or using the Platform and Services, joining the waitlist, trying Nurture Beta with your child, registering for an Account (as defined below), or purchasing a Subscription (as defined below), you acknowledge that you have read and understand these Nurture Terms of Service (“Terms of Service,” or “Terms”) and agree to be bound by them. We may provide additional terms to you that apply when you register for a Subscription, process payments through the Platform or Services, or engage in other activities offered by us in connection with the Platform and Services (“Additional Terms”), and you acknowledge and agree your review of, and consent to, any such applicable Additional Terms. To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Please read these Terms of Service as they form a legally binding agreement between us and you and govern your and your child’s use of the Platform and the Services. If you do not agree to these Terms of Service, do not use the Platform or any of the Services.
2. About Nurture
Nurture offers a variety of interactive, story-based games specifically designed to teach children critical thinking, problem-solving, and resilience skills tailored to their developmental stage.
Nurture provides a seamless experience via the App with the added feature of dual screen support for certain Smart TV devices, allowing children to enjoy our educational games on a larger screen.
From time to time, we may introduce and/or provide new features and functionality such as progress tracking which allows you to monitor your child’s progress and milestones, parental controls for you to set time limits and control the Content that your child accesses, and a community forum for parents to share experiences, tips, and support each other in their child’s educational journey.
3. Participation In Nurture Beta
We may, in our sole discretion, provide early access to pre-release versions (i.e., prior to general commercial release) of Nurture, the Platform, and/or Services, which are designated or presented as beta, pilot, early access, non-production, or evaluation, available to selected Users from time to time (“Nurture Beta”). You understand and agree that participation in Nurture Beta is voluntary and provided solely for testing and evaluation purposes. Nurture Beta may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information.
By participating in Nurture Beta, you understand and acknowledge that Nurture Beta is provided by us on an “as is” or “as available” basis, use thereof is at your sole option and risk, and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. You expressly acknowledge and agree that you assume all risks and all costs associated with your participation in and use of Nurture Beta.
We may terminate Nurture Beta at any time or your access to or participation therein.
4. Changes
These Terms of Service are subject to change from time to time. To the extent required by applicable law, we will provide you with reasonable advance notice of any material updates or modifications by any reasonable means of notification, including email or through the Platform provided that non-material changes (as determined by us) will be deemed to be effective immediately upon posting here and without notice. Any such changes are effective as of the “Last Updated” date listed at the top of these Terms. Your continued use of the Platform and/or the Services after the Last Updated date constitutes your acceptance and agreement to such changes.
We may also modify, suspend, or discontinue, in whole or in part, the Platform and Services at any time and without notice.
5. Privacy
Please review our Privacy Policy located at https://www.nurture.is/privacy to understand our privacy practices when you and your child access or use the Platform and Services.
6. Ownership and License
6.1 Nurture
As between us and you, the Platform and Services, including, without limitation, the Content and Nurture Beta and all associated technology and intellectual property rights (collectively, “Nurture IP”), are owned by or licensed to us and protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws. “Content” means all videos, stories, animation, characters (including Nurturized Characters), character names, dialog, adventurers, games, activities, graphics, themes, user interfaces, visual interfaces, pictures, text, sounds, music, artwork, printables, and other materials displayed on or available through the Platform and the Services, including the design, structure, selection, coordination, expression, and arrangement of the forgoing. No ownership rights or interests in the Modern.ai IP are transferred to you, whether by estoppel, implication, or otherwise, except for the limited, express rights granted in these Terms. No ownership rights or interests in any Nurture IP are transferred to you or any User, whether by estoppel, implication, or otherwise, except for the limited, express rights granted in these Terms.
6.2. Limited License
Subject to your compliance with these Terms of Service, and your payment of any applicable fees, we grant you and your child a limited, nonexclusive, revocable, non-assignable, and non- transferable license (License) to access, display, view, and use the Platform and the Services via the App on an internet-enabled compatible devices for your personal, noncommercial use only. Except as expressly provided in these Terms of Service or with Company’s express prior written consent, no part of the Platform or Services may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose whatsoever. Any unauthorized use is prohibited and shall constitute an infringement of our and our licensor’s intellectual property and other proprietary rights.
6.3. Feedback
If you or your child provide any ideas, comments, suggestions, or other feedback in connection with Nurture Beta, the Platform, and/or Services (collectively, “Feedback”), you agree to and do hereby assign on behalf of yourself and your child to us all right, title, and interest in and to the Feedback, and we are free to use and exploit the Feedback for any purpose, without any restrictions or obligation of payment, attribution, or otherwise.
7. Accounts/Subscriptions
To use the Platform, you will need to create an account for you, as a parent or legal guardian, which you will share with your child (“Account”). We may offer various types of Nurture Accounts from time to time.
7.1 Account Creation
To create an Account, you will be asked to provide certain information, which may include your name, email address, date of birth, phone number, name and age of your child, and method of authenticating your Account. In creating an Account, you confirm that you are the parent or legal guardian of the child using the Platform and Services and that you consent to the collection and use of your child’s personal information as described in our Privacy Policy.
You agree that all information provided to us in creating your Account will be true, accurate, and complete, and that you will maintain your Account with up-to-date information. We reserve the right to take steps to ensure that any information you provide in connection with your Account is up to date and accurate.
You and your child may only access Nurture and use the Platform and Services through your own Account. Do not share your Account with any other User, person or family.
7.2 Account Security
You are responsible for maintaining the confidentiality and security of your Account login information (i.e., user name and password) and for all activities that occur under your Account on the Platform and Services. You should not share or disclose your login information to others, except for your child. You are responsible for ensuring that your child does not share your login information.
You agree to notify us immediately as set forth in the Contact Information section below of any unauthorized use of your Account or if you have reason to believe your Account has been compromised or any other breach of security has occurred.
7.3 Subscriptions
Access to the Platform as well as certain Content and Services may require the purchase of a fee-based subscription plan (the “Subscription Plan”). We, at our sole discretion, may offer various types of Subscription Plans and retain the right to modify, terminate, or amend our Subscription Plans, in whole or in part, at any time. Subscription Plans are subject to, and you agree to read and be bound by, any Additional Terms that we make available to you in connection with and at the time of your purchase of a Subscription, including, without limitation, terms relating to the automatic renewal and cancellation of your Subscription Plan (“Subscription T&Cs”).
Subscription Plans may be provided, in our sole discretion, on a monthly, quarterly, and/or yearly basis (“Subscription Term”). Upon purchasing your chosen Subscription Plan, you will gain access to the Services, including, Content, currently available within that Subscription Plan for the duration of your Subscription Term (the “Subscription”). Your Subscription commences as soon as your initial payment for such is processed.
7.4 Suspension/Termination
If you or your child violate these Terms of Use, we reserve the right, in our sole discretion, to suspend or terminate your Account, your Subscription, and/or your right to use Nurture without prior notice and/or the opportunity to cure the violation.
8. Purchases/Payments
8.1 Purchases
When purchasing a Subscription Plan or any Content or Services that we may otherwise provide on a fee basis through the Platform, the Services, and/or your Account (“Purchases”), you acknowledge that you have read and agree to be bound by any applicable Additional Terms that we make available to you in connection with and/or at the time of your Purchase, including, without limitation, Subscription Terms and/or the terms of any third-party payment processor that we use to process payments made via the Platform and/or Services. We reserve the right to change our third-payment payment processor from time to time and without prior written notice.
8.2 Payment Methods
To complete a Purchase, you must use a credit card or other payment method accepted by us (e.g., PayPal and Apple’s iTunes Store) (the “Payment Method”). You represent and warrant that you have the right to use the Payment Method you provide and that your Payment Method has sufficient funds to complete the Purchase.
You authorize us to charge you via the Pay Method that you provide through your Account or otherwise through the Platform and/or Services for your Purchases in the amounts specified at the time of the Purchase. If we do not receive payment from the Payment Method you use, you agree to pay all amounts due hereunder via another Payment Method. In addition, should your provided Payment Method be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge your Payment Method in full or in lesser installments of the initially incurred charge until we receive payment in full for the Purchase or as otherwise permitted by applicable laws, regulations, and industry standards. You will not be charged more than the amount of your Purchase, provided, however, that you will be solely responsible for all overdraft fees, chargeback fees, and/or penalties that may be assessed by your payment provider and our third-party payment processor.
8.3 Unauthorized/Disputed Charges
If you believe someone has gained access to or used your Account and/or Payment Method to make Purchases without your permission, you must immediately notify by contacting us at [email protected]. \You also agree to notify us of any Purchases charged to your Payment Method that you dispute within thirty (30) days of the charge. We reserve the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to make Purchases in the event of any suspected or reported unauthorized charges, payment disputes, or other fraudulent activity in connection with financial transactions made through or in connection with the Platform and/or Services.
9. Use/Restrictions
9.1 Use
You agree that your and your child’s use of the Platform and Services will at all time comply with these Terms of Use and all applicable local, state, national, and international laws and regulations.
9.2 Parental Responsibility
As a parent or legal guardian, you are responsible for supervising your child's use of the Platform and Service and ensuring that it is used in a safe and appropriate manner.
9.3 Restrictions/Prohibited Conduct
You agree that you will not, directly or indirectly:
use the Platform or Services in violation of these Terms of Use;
copy, distribute, publicly perform or display, modify, or create derivative works of the Platform or Services, or any portion thereof;
lease, lend, sell, redistribute, or sublicense any part of the Platform or Services;
circumvent any technological measure designed to protect the Platform and Services or any associated technology or attempt to gain unauthorized access thereto;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the Platform’s source code, in whole or in part;
use the Platform or Services (or any part thereof, including without limitation, the technology contained therein and Content) (a) to create malicious or abusive content (as determined by us in our sole discretion) or any content that violates these Terms or any Additional Terms; (b) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right, right of privacy, right of publicity, or other right of any person, or that violates any applicable laws; or (c) to engage in spamming, phishing, or sending unsolicited messages, promotions, or advertisements;
use automated tools, scripts, or other methods (e.g., robot scrapes or spiders) to scrape, data mine, or extract data from the Platform or Services;
engage in any activity that (a) is harmful to us, our licensors and business partners, or the Platform, Services, other Users; or (b) is unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) damages, disables, overburdens, or impairs the Platform or Services or interferes with any other User’s access to, use of and enjoyment thereof;
disclose, harvest, or otherwise collect information, including email addresses or other personal information about any User without such User’s (or for child Users, their parent or legal guardian’s) express, affirmative consent; or
impersonate another User or person, provide false or misleading information, or otherwise misrepresent your identity or affiliation.
10. User-Generated Content/Messages
10.1 User-Generated Content
We may allow Users to create and share content (including images, photographs, videos, communications, reviews, and other information materials) via the Platform and Services (collectively, “User-Generated Content”). By creating and uploading User-Generated Content to the Platform, you grant us and our designees an unrestricted, irrevocable, perpetual, assignable, sublicensable, non-exclusive, worldwide, royalty-free, and fully paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, publish, copy, edit, modify, translate, reformat, transmit, distribute, prepare derivate works of, and commercialize, in any media known or hereinafter developed, your User-Generated Content, with or without attribution, in any form or manner for any lawful purpose, without compensation to you. We have full rights to sublicense these rights through multiple tiers of distribution.
By creating and uploading User-Generated Content to the Platform or Services, you hereby represent and warrant: (a) that you own or have the full legal right to so use your User-Generated Content and grant Company the rights describe above, (b) your User-Generated Content is not confidential or proprietary to any third party; (c) your User-Generated Content does not violate any law, regulation, or contractual restriction; (d) your User-Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any person or third party; and (e) you are fully responsible for your and your child’s User-Generated Content, which must comply with these Terms of Service.
We are not responsible, or liable to you, any User, or third party, for the content, reliability, legality, or accuracy of any User-Generated Content. Use of User-Generated Content is at your own risk.
We neither actively monitor nor exercise editorial control over any User-Generated Content. However, we reserve the right to monitor such User-Generated Content or other use at any time as we deem appropriate and to remove any User-Generated Content or other materials that, in our sole discretion, may be illegal, may subject us, our licensors, or business partners to liability, may violate these Terms, or are inconsistent with our intended purposes for the Platform and the Services.
10.2 Messages
The Platform or Services may allow Users to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and we may terminate privileges of any User at any time and for any reason. If a User sends you an objectionable Message, please contact us immediately at [email protected]. You are solely responsible for the content of any Message that you or your child send. You agree that we may monitor Messages for compliance with these Terms, and Messages should not be considered confidential or proprietary.
11. Online Safety
We care about the safety of our Users. If you see any content or materials on the Platform or Services that appear to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact us immediately at [email protected] to report the User and situation.
12. Third Party Websites
The Platform and Services may include links to external websites or social media platforms that we neither operate nor oversee ("Third-Party Sites"). Your use of Third-Party Sites and any services or purchases from such Third-Party Sites are subject to the terms and conditions of such other sites. We do not endorse or sponsor any Third-Party Sites, nor do we make any representations or warranties regarding them. Links to Third-Party Sites on our Platform are provided solely for your convenience. By accessing any Third-Party Sites, you assume all associated risks and release us from any claims concerning the Third-Party Sites or our links to them, and you agree that you will not bring any claim, suit, or action against Company arising from or based upon any use of Third-Party Sites.
13. Consent to Electronic Communications
By using the Platform and Services, you agree that we may communicate with you electronically regarding Account registration, payments, security, administrative issues and other relevant information relating to your Account and/or use of the Platform and Services. You further agree that any notices, agreements, disclosures, or other messages that we send to you by electronic means shall satisfy any legal requirements that such communications be in writing. To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Platform or Services, it is intended to be an electronic signature which binds you as if you had signed on paper.
14. Disclaimer of Warranties
Except as otherwise expressly set forth in any applicable Additional Terms, the Platform and the Services are provided “as is” and “as available”, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
We and/or our licensors, business partners, and service providers do not represent, warrant or covenant that the Platform and/or Services are or will be accurate, current, complete, secure, available on an uninterrupted and error-free basis, that defects will be identified or corrected, or that the Platform and Services are free of viruses or other disabling devices or harmful components. You assume the risk of any and all damage or loss from use of, or inability to use, the Platform or the Services. We make no warranty that the Platform or the Services will meet your requirements.
If you are dissatisfied with the Platform or the Services, your sole remedy is to discontinue using the Platform and the Services.
We may periodically amend, change, add, delete, update, or alter the Platform and/or the Services without notice.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
15. Indemnification
You agree that you will be responsible for your and your child’s use of the Platform and Services, and you further agree to defend, indemnify and hold us, our affiliates, licensors, and service providers, and our and their officers, directors, employees, agents, and contractors (the “Company Parties”) harmless from and against any claims, liabilities, damages, losses, costs and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with your or your child’s (a) breach or violation of these Terms of Use; (b) actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; (c) User-Generated Content and Messages; or (d) violation of any law, rule, or regulation. The Company Parties’ reserve the right, at their own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with the Company Parties’ defense of that claim. You will not in any event settle any claim without the prior written consent of the Company Parties.
16. Limitation of Liability; Waiver
To the fullest extent permitted by law, in no event shall we and/or our licensors, business partners, and service providers be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, loss of goodwill, loss of or damage to property, loss of use, loss of data, and claims of third parties) arising out of or in connection with these Terms of Service, the Platform, or the Services, even if we and/or our licensors, business partners, and service providers were advised, knew, or should have known of the possibility of such damages or costs.
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.
Without limiting any of the foregoing, to the fullest extent permitted by law, if we are found liable to you or any third party as a result of any claims or other matters arising under or in connection with these Terms of Service, the Platform, or the Services, our cumulative, aggregate, and total liability for all such claims and other matters, regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, shall not exceed the greater of the total amount paid by you to us for the Platform and Services during the previous 12 months or $100.00 U.S. dollars.
This limitation of liability reflects the allocation of risk between you and us, and will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed its essential purpose.
17. Copyright Infringement Notices and Takedown
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), our designated agent to receive notices of copyright infringement is our ________, who may be reached by email at [email protected] or by postal mail to Nurture Holdings Inc. at 1619 Roanoke Way, Mercer Island, Washington, 98040. If you believe that your material has been posted on, or distributed via, the Platform or Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material. We will process notices of alleged infringement received and will take appropriate action as required by the DMCA.
18. Governing Law
Binding Individual Arbitration Agreement; Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
18.1 Governing Law
These Terms of Services and any and all disputes, claims, or controversies between you and us arising out of or relating to these Terms of Service, the Platform, the Services, any Additional Terms, our Privacy Policy, or any other aspect of the relationship between you and us with respect to Nurture, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Washington, USA without regard to any conflict of laws provisions. Furthermore, the below Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the Arbitration Agreement set forth in this Section 18.
18.2 Arbitration Agreement
By agreeing to these Terms of Service and unless you exercise your right to opt-out of arbitration as set forth in Section 18.6 below, you agree that you are required to resolve any Dispute that you may have against Company on an individual basis in binding arbitration as set forth in this Section (“Arbitration Agreement”), and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and Company are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court. You and Company are each waiving your right to a jury trial.
18.3 Mandatory Informal Dispute Resolution
We hope that no Disputes arise between us; however, in that event the one does, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that before either of us may commence an arbitration or file an action in small claims court as permitted in Section 18.5(a), we will engage in the following mandatory informal resolution process (the “Resolution Process” or “Process”). To initiate this Process, the party with a Dispute must first give written notice to the other, which includes a description of the Dispute, the resolution requested, and if represented by counsel, the name and contact information for such party’s counsel. Upon receipt of such written notice, the parties agree to confer first in writing, and then if requested by either party, via teleconference or videoconference, in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate. All offers, promises, conduct, and statements made in the course of the Process by either party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the Process. The Process must occur within sixty (60) days of receipt of the written notice of the Dispute, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis (for example, a preliminary injunction or temporary restraining order), the Process with respect to that relief shall occur within three (3) business days of receipt of the written notice of the Dispute, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the Resolution Process described in this section. If, after participating in the Resolution Process, the parties have been unable to resolve the Dispute, either party may commence an arbitration or an action if small claims court pursuant to Section 18.5(a). However, if we have not engaged in the Informal Process as set forth in this Section 18.3, the Dispute shall not be submitted to arbitration, nor may a claim be filed in court, unless and until the Resolution Process occurs. Company and you understand and agree that any Dispute that has not first been subject to the Resolution Process (a) shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure 18.2; (b) the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this Section 18.3; and (c) shall be subject to dismissal if asserted in court. If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, Company and you are not required to participate in the Information Process set forth in this Section.
18.4 Arbitration Procedures
The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States in King County, Washington, or any other location mutually agreed to by you and us, provided, however, that if you are an individual residing in the U.S. and acting in a personal capacity, the arbitration proceeding will be held in your hometown. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any Dispute arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Service and any applicable Additional Terms. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statue, and the parties waive any right to recover such damages. The AAA rules will govern payment of all arbitration fees.
18.5 Exceptions to Agreement to Arbitrate
Without first engaging in arbitration, you or Company may (a) assert claims for any Dispute, if they qualify, in a small claims court having jurisdiction over the Dispute, so long as the Dispute is pending only in that court and proceeds on an individual (non-class) basis, or (b) may bring a lawsuit for injunctive relief solely for infringement or misappropriation of intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights), and also, in the case of Company, to stop unauthorized use or abuse of the Platform or Services.
18.6 Right to Opt-out of Arbitration
You can choose to reject the Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms via the Contact Information set forth below. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you.
18.7 No Class Actions
You agree that all Disputes with Company must be resolved on an individual basis, and that you shall not bring a claim for any Dispute as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under these Terms of Service.
18.8 Judicial Forum for Disputes
In the event that the Arbitration Agreement is found not to apply to you or your claim, you and Company agree (a) that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in King County, Washington, USA, and expressly consent to exclusive venue and personal jurisdiction there, (b) to waive any claims or defenses that venue is improper for any reason in these courts; and (c) to waive your right to a jury trial.
18.9 Time Limitation on Claims
Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
18.10 Survival/Severability
The provisions set forth in this Section 18 shall survive the termination of these Terms of Service. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
19. General
These Terms of Service and any applicable Additional Terms (as may be revised and amended from time to time according to their respective terms) constitute the entire agreement with respect to your access to the Platform and your use of the Services. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Company and its licensors. Company may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms or your Account without Company’s express prior written consent. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. To the extent any portion of these Terms shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. Neither these Terms, nor your access to the Platform or your use of the Services, create any partnership, joint venture, employment, or other agency relationship between Company and you. You may not enter into any contract on behalf of Company or bind Company in any way.
20. Contact Information
If you have any comments, questions, or concerns, regarding Nurture, these Terms of Service, any Additional Terms, the Platform, or the Services, please contact us at:
Company Name: Nurture Holdings Inc.
Address: 1619 Roanoke Way, Mercer Island, Washington, 98040
Email:[email protected]