Last updated November 11, 2023
These Terms of Use represent a binding legal agreement between you, whether as an individual or on behalf of an entity (“you”), and NoStove, Inc., operating the site UrgentCaresByMe (“we,” “us,” or “our”), regarding your access to and use of the https://www.urgentcaresbyme.com/ website and any related media forms, media channels, mobile websites, or mobile applications (collectively, the “Site”). Our registration is in Massachusetts, United States, with our official office located at 84 Leonard St Ste 2, Belmont, MA 02478. By accessing the Site, you acknowledge that you have read, understood, and agree to comply with these Terms of Use. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP USING THE SITE AND CEASE ALL SITE ACCESS.
We may post additional terms and conditions or documents on the Site, which are explicitly incorporated here by reference. We reserve the right to update or modify these Terms of Use at any time and for any reason at our sole discretion. We will inform you of any changes by revising the “Last updated” date of these Terms of Use. Your continued use of the Site after any changes signifies your acceptance of the revised Terms of Use, and you waive any right to receive individual notice of such changes. We advise you to review the Terms regularly to stay informed of any updates.
Users who access the Site from other jurisdictions or countries do so on their own initiative and are responsible for compliance with local laws, to the extent that such laws are applicable. The information on the Site is not meant for distribution or use in any jurisdiction or country where such distribution or use would contravene local laws or regulations or would impose registration requirements on us within such jurisdiction or country.
The Site does not conform to specific industry regulations like the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc. Therefore, if your interactions are subject to such regulations, you should not use this Site. Additionally, the Site must not be used in any manner that violates the Gramm-Leach-Bliley Act (GLBA).
This Site is designed for users who are at least 18 years old. Individuals under the age of 18 are not allowed to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Except where noted, the Site is our exclusive property and all source code, databases, functionality, software, designs, audio, video, text, images, and graphics on the Site (collectively, the “Content”), along with the trademarks, service marks, and logos within it (the “Marks”), are either owned, controlled, or licensed by us. These are protected under copyright and trademark laws, as well as various other intellectual property rights and laws against unfair competition in the United States, in addition to international copyright laws and conventions. The Content and the Marks are made available on the Site “AS IS” for your informational and personal use only. Apart from what is explicitly allowed in these Terms of Use, no element of the Site, including the Content or Marks, may be copied, reproduced, compiled, republished, uploaded, posted, publicly shown, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our explicit prior written consent.
Assuming you meet the criteria to use the Site, you are granted a limited license to access and utilize the Site and to download or print parts of the Content to which you have rightfully gained access, but only for your own personal, non-commercial purposes. We retain all rights not specifically granted to you in and to the Site, the Content, and the Marks.
By utilizing the Site, you affirm and guarantee that: (1) the registration details you provide will be truthful, precise, up-to-date, and complete; (2) you will keep such information accurate and promptly modify any registration information as needed; (3) you possess the legal capacity and agree to abide by these Terms of Use; (4) you are not under the age of majority in your jurisdiction; (5) your access to the Site will not be through automated or non-human methods, including bots, scripts, or similar means; (6) you will not engage in any unlawful or unauthorized activities using the Site; and (7) your activities on the Site will comply with all relevant laws and regulations.
Should any information you provide prove to be false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all present or future access to the Site (or any part thereof).
Registration with the Site may be necessary. You agree to maintain the confidentiality of your password and will be accountable for all activity under your account and password. We retain the authority to delete, reclaim, or modify a username you choose if, in our sole judgment, we find that the username is unsuitable, offensive, or otherwise objectionable.
The Site is intended for use only as permitted by us. It should not be used for any commercial purposes unless explicitly endorsed or approved by us.
As a Site user, you agree not to:
6. USER GENERATED CONTRIBUTIONS
The Site may offer you the chance to chat, contribute, or engage in blogs, message boards, online forums, and other functionalities, and may give you the opportunity to create, submit, post, exhibit, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This includes but is not limited to text, writings, video, audio, photos, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions might be visible to other Site users and via third-party websites. Therefore, any Contributions you send may be considered as non-confidential and non-proprietary. By creating or providing any Contributions, you represent and warrant that:
Violating the above guidelines in using the Site may lead to, among other actions, the termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
When you post your Contributions on any part of the Site or link your account from the Site to your social networking accounts, you automatically give, and you affirm and warrant that you have the authority to give, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global right and license to host, utilize, copy, reproduce, reveal, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, but not limited to, your image and voice) for any purpose, including commercial, advertising, or others, and to create derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. This use and distribution can happen in any media formats and through any media channels.
This license applies to any form, media, or technology, whether now known or later developed, and includes our use of your name, company name, franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You relinquish all moral rights in your Contributions, and you certify that moral rights have not been claimed elsewhere in your Contributions.
We claim no ownership over your Contributions. You maintain full ownership of all your Contributions and any associated intellectual property rights or other proprietary rights. We are not accountable for any statements or representations you make in your Contributions on the Site. You are solely responsible for your Contributions to the Site and you explicitly agree to absolve us of any and all liability and to desist from any legal action against us concerning your Contributions.
We reserve the right, in our sole and absolute discretion, (1) to modify, redact, or otherwise alter any Contributions; (2) to reassign any Contributions to more suitable locations on the Site; and (3) to pre-screen or remove any Contributions at any time and for any reason, without notice. We are under no obligation to oversee your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide spaces on the Site for you to leave reviews or ratings. When submitting a review, you must adhere to the following criteria: (1) you must have direct experience with the person/entity being reviewed; (2) your reviews should avoid offensive profanity, or abusive, racist, derogatory, or hateful language; (3) your reviews must not include discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not mention any illegal activities; (5) if posting negative reviews, you should not have any affiliation with competing businesses; (6) you should not draw conclusions about the legality of actions; (7) you must refrain from posting any false or misleading statements; and (8) you should not initiate a campaign encouraging others to submit reviews, be they positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen reviews or to delete them, even if someone finds the reviews objectionable or inaccurate. Reviews are not necessarily endorsed by us and do not always reflect our views or those of our affiliates or partners. We do not accept responsibility for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the reviews.
Within the Site's functionality, you can link your account with online accounts you hold with third-party service providers (referred to as a “Third-Party Account”) by either: (1) entering your Third-Party Account login details on the Site; or (2) permitting us to access your Third-Party Account, as allowed under the terms and conditions governing your use of each Third-Party Account. You confirm and warrant that you have the right to reveal your Third-Party Account login information to us and/or enable us to access your Third-Party Account, without violating any terms and conditions of the applicable Third-Party Account, and without obligating us to any fees or subjecting us to any usage limitations imposed by the service provider of the Third-Party Account. By allowing us access to your Third-Party Accounts, you understand that (1) we may access, make available, and store (if relevant) any content you have supplied to and stored in your Third-Party Account (the “Social Network Content”) so it is accessible on and through the Site via your account, including any friend lists, and (2) we may send to and receive additional information from your Third-Party Account, as you will be informed when linking your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and the privacy settings you have in place for such accounts, personally identifiable information you post to your Third-Party Accounts may be accessible on and through your account on the Site. Note that if a Third-Party Account or associated service becomes unavailable or if our access to a Third-Party Account is terminated by the service provider, then Social Network Content may no longer be accessible on and through the Site. You have the option to disconnect your Site account from your Third-Party Accounts at any time. NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS OF YOUR THIRD-PARTY ACCOUNTS IS CONTROLLED ONLY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not review any Social Network Content for any purpose, including accuracy, legality, or non-infringement, and are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list on your mobile device or tablet solely to identify and notify you of contacts who have also registered to use the Site. You can disable the link between the Site and your Third-Party Account either by contacting us using the provided contact details or through your account settings (if applicable). We will endeavor to delete any data stored on our servers obtained through such Third-Party Account, except for the username and profile picture associated with your account.
10. SUBMISSIONS
You recognize and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site ("Submissions") that you provide to us are not confidential and will become our exclusive property. We will have sole ownership, including all intellectual property rights, and will have the unrestricted right to use and share these Submissions for any lawful purpose, whether commercial or not, without any acknowledgment or compensation to you. You relinquish all moral rights to any such Submissions and confirm that such Submissions are either your original work or that you have the authority to submit them. You agree not to seek any legal remedy against us for any claimed or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may include (or you might be directed through the Site) links to other websites ("Third-Party Websites") as well as articles, photos, text, graphics, images, designs, music, sound, video, information, applications, software, and other materials originating from third parties ("Third-Party Content"). We do not investigate, monitor, or verify the accuracy, suitability, or completeness of such Third-Party Websites and Third-Party Content, and we are not liable for any Third-Party Websites accessed via the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, views, reliability, privacy practices, or other policies of or included in the Third-Party Websites or the Third-Party Content. Including, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our endorsement of them. If you choose to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including those concerning privacy and data collection, of any website you navigate to from the Site or regarding any applications you use or install from the Site. Any purchases made via Third-Party Websites will be with other websites and companies, and we accept no responsibility for such purchases, which are solely between you and the respective third party. You agree and acknowledge that we do not endorse the products or services on Third-Party Websites and you shall indemnify us from any harm resulting from your purchase of such products or services. Additionally, you agree to indemnify us from any losses you incur or harm you suffer in any way related to any Third-Party Content or your interaction with Third-Party Websites.
We provide spaces on the Site for advertisers to display their ads and other information, such as sidebar ads or banner ads. If you are an advertiser, you are fully responsible for any ads you post on the Site, as well as for any services offered or products sold through those ads. As an advertiser, you also affirm and guarantee that you have all necessary rights and authority to place ads on the Site, including intellectual property rights, publicity rights, and contractual rights. You must understand that your ads are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as outlined below, and acknowledge that there will be no reimbursement or compensation for issues related to DMCA takedown requests. We simply offer the space for these advertisements and maintain no further relationship with the advertisers.
We have the right, but not the obligation, to: (1) monitor the Site for breaches of these Terms of Use; (2) take appropriate legal measures against anyone who, in our sole judgment, violates these Terms of Use or the law, including reporting such individuals to law enforcement; (3) at our sole discretion and without restriction, refuse, restrict, limit, or disable (as far as technology allows) any of your Contributions or parts of them; (4) at our sole discretion and without notice or liability, remove or disable any files and content that are too large or burdensome for our systems; and (5) manage the Site in a way that safeguards our rights and property and ensures its proper operation.
We prioritize data privacy and security. Please review our Privacy Policy at https://www.urgentcaresbyme.com/privacy. By using the Site, you consent to abide by our Privacy Policy, which is a part of these Terms of Use. Be aware that the Site is hosted in the United States. If you access the Site from any region in the world with laws or other requirements that differ from those in the United States regarding personal data collection, usage, or disclosure, then by continuing to use the Site, you are consenting to transfer your data to the United States, and you agree to have your data transferred to and processed within the United States.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party 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 (6) 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 upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
__________
Attn: Copyright Agent NoStove, Inc.
84 Leonard St Ste 2
Belmont, MA 02478
United States
These Terms of Use will continue to be effective as long as you use the Site. WE RETAIN THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY OR NO SPECIFIC REASON, PARTICULARLY FOR VIOLATION OF ANY REPRESENTATION, WARRANTY, OR AGREEMENT STATED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY DISCONTINUE YOUR USE OR PARTICIPATION IN THE SITE OR REMOVE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.
If we suspend or terminate your account for any reason, you are banned from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you are representing the third party. Along with suspending or terminating your account, we retain the right to pursue appropriate legal actions, including but not limited to civil, criminal, and injunctive remedies.
17. MODIFICATIONS AND INTERRUPTIONS
We retain the right to alter, adjust, or remove the contents of the Site at any given time or for any reason at our sole discretion and without prior notice. Nevertheless, we are under no obligation to update any information on our Site. We also reserve the right to modify or cease all or part of the Site without notice at any time. We will not be accountable to you or any third party for any changes, price adjustments, suspensions, or discontinuation of the Site.
We cannot assure that the Site will be continuously available. We may encounter hardware, software, or other issues or may need to conduct maintenance for the Site, leading to interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Site at any time or for any reason without notifying you. You agree that we bear no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Terms of Use is to be interpreted as an obligation on our part to maintain and support the Site or to provide any corrections, updates, or releases related to it.
These Terms of Use and your usage of the Site are regulated and interpreted in accordance with the laws of the Commonwealth of Massachusetts, applicable to agreements made and to be completely performed within the Commonwealth of Massachusetts, disregarding its principles of conflict of laws.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Essex, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Essex, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Site may include typographical mistakes, inaccuracies, or omissions, notably in product descriptions, pricing, availability, and other details. We retain the right to amend any errors, inaccuracies, or omissions and to update the information on the Site at any moment, without prior notification.
The Site is provided on an "as is" and "as available" basis. Your use of the Site and our services is solely at your own risk. To the maximum extent allowed by law, we renounce all warranties, both explicit and implied, in relation to the Site and your use thereof. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, and non-infringement. We do not guarantee or represent the precision or completeness of the Site's content or that of any linked websites. We are not liable for any (1) content and material errors, mistakes, or inaccuracies, (2) personal injury or property damage resulting from your access and use of the Site, (3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, (4) any interruption in transmission to or from the Site, (5) any bugs, viruses, Trojan horses, or the like transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage incurred as a result of using any content posted, transmitted, or made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we are not responsible for monitoring any transaction between you and third-party providers of products or services. Exercise caution and use your best judgment in purchasing products or services in any medium or environment.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $50.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses. This is required if a third party makes a claim due to or arising from:
Despite this, we reserve the right to take over the exclusive defense and control of any matter for which you are obliged to indemnify us, and you must cooperate with our defense of such claims, at your expense. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site to manage the Site's performance and your use of the Site. However, while we conduct regular routine backups, you are solely responsible for all data you transmit or that relates to your activities on the Site. You agree that we are not liable for any loss or corruption of your data, and you waive any right to take action against us for any loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Site, sending emails, and completing online forms, you engage in electronic communications. You consent to receive communications electronically, including agreements, notices, disclosures, and other communications from us via email and on the Site. These electronic communications fulfill any legal requirement for written communication. You also agree to the use of electronic signatures, contracts, orders, and records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site. You waive any rights or requirements in any jurisdiction that mandate an original signature, non-electronic record retention, or non-electronic methods for payments or credits.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
The Terms of Use, along with any policies or operating rules posted on the Site, form the complete agreement between you and us. Our failure to enforce any right or provision in these Terms doesn't imply a waiver of such right or provision. These Terms operate fully within legal bounds. We may transfer our rights and obligations to others. We're not liable for losses or delays caused by events beyond our reasonable control. If part of these Terms is found unlawful or unenforceable, that part is severable and doesn't affect the rest of the Terms. These Terms don't create any joint venture, partnership, employment, or agency relationship between you and us. The Terms won't be interpreted against us simply because we drafted them. You waive any defenses based on the electronic nature of these Terms and the lack of physical signatures.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
NoStove, Inc.
84 Leonard St Ste 2
Belmont, MA 02478
United States
Phone: 617-798-6380