Nu Form 101 LLC, a California limited liability company (hereinafter, “Nu Form 101,” “We,” “Our,” or “Us”), operates www.nuform101.com (hereinafter, this “Website”) for You, the end-user of this Website (“You” or “Your”), for purposes of providing information on and scheduling our services. This Website, and any services described herein are not intended for use by anyone under the age of eighteen (18). Your usage of this Website and/or scheduling of any services therefrom are governed by these Terms of Website Use, as may be updated and amended by Nu Form 101 from time to time (hereinafter, “Terms”).

 

Your usage of this Website in any capacity and/or the scheduling of any services therefrom constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not schedule or actually use any services You scheduled on this Website.

 

Nu Form 101 will use the information You provide as indicated in the Privacy Policy, located at: www.nuform101.com/privacypolicy. You agree that Nu Form 101 may disclose Your personal information to a third party if required by law or legal process or is otherwise required to do so by a state or federal government agency, to protect the rights or property of Nu Form 101, or as otherwise indicated in the Nu Form 101 Privacy Policy. By scheduling any services from the Website, You agree to be bound by the Nu Form 101 Privacy Policy and acknowledge that You have reviewed the terms of the Nu Form 101 Privacy Policy, available at the link provided herein.

 

Content Disclaimer: Your use of this Website is subject to the additional disclaimers and terms that may appear throughout this Website. Nu Form 101 and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the information or other material on this Website. While Nu Form 101 strives to keep the information on this Website accurate, complete, and up-to-date, Nu Form 101 cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on this Website.

 

Links to Third-Party Sites: This Website may include or provide links to other websites, advertisements, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by Nu Form 101. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third parties. Any provided third-party materials containing information related to third parties are provided for Your reference and convenience only and do not imply any endorsement, sponsorship, or recommendation by Nu Form 101. Nu Form 101 makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that Nu Form 101 has no responsibility or liability for the availability of such third-party sites or other content. You agree to be bound by any applicable third-party terms necessary to effectuate the scheduling of services on Our Website.

 

Disclaimer of Warranties With Respect to Use of Website: This Website is provided on an "as-is" and "as-available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Nu Form 101 expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. While Nu Form 101 uses reasonable efforts to include accurate and up-to-date information on this Website, Nu Form 101 does not make any warranty that this Website will meet Your requirements, that access to this Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Nu Form 101 makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from Nu Form 101 or through this Website shall create any warranty not expressly made herein.

 

Privacy: The information that we obtain through Your use of this Website, whether through the registration process or otherwise, is subject to our Privacy Policy, located at: www.nuform101.com/privacypolicy. That Privacy Policy addresses our collection and use of the data You provide to us, including Your rights relative to that information. Please review the Privacy Policy before You use this Website. If You are unwilling to accept the terms and conditions of the Privacy Policy, we ask that You not use this Website, schedule any services through the Website, or actually use any services You may have otherwise scheduled.

 

Suspension of Website and/or Services Listed for Sale: You agree that Nu Form 101, in its sole discretion and at any time, may modify, discontinue, or suspend operation of this Website or any portion thereof and/or any services offered thereon, temporarily or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information or services contained therein and that Nu Form 101 is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof and/or any services contained therein.

 

Ownership and Intellectual Property: This Website is owned and operated by Nu Form 101 LLC. All rights, titles, and claims to the content and information used on this Website are the property of Nu Form 101 and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or to create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferrable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as an informational resource related to the services contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of Nu Form 101. Any rights not granted herein are expressly reserved to Nu Form 101.

 

User Restrictions and Promotional Offers: You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Nu Form 101 and/or the copyright owner; or (ii) submit content or information that is purposely inaccurate, commits fraud, or falsifies information in connection with Your usage of the Website. Nu Form 101 may, in our sole discretion, create promotional codes that may be redeemed for credit for services or other features or benefits, subject to the terms that Nu Form 101 may establish on a per-promotional basis. You agree that promotional codes (i) must be used for the intended audience and purpose, (ii) cannot be combined with any other or multiple promotional offerings, and (iii) may not be duplicated, sold, or transferred in any manner or made available to the general public, unless explicitly approved by Nu Form 101 in writing. All promotional codes (i) may be disabled by Nu Form 101 at any time for any reason without liability to Nu Form 101; (ii) are not valid for cash; and (iii) may expire prior to Your use. Nu Form 101 reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotional offer by You or any other user in the event that Nu Form 101 determines or believes that the use or redemption of the promotional offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. Nu Form 101 shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud, or known or potential violations of the law or these Terms.

 

Services: Please be aware that prices and availability of services are subject to change without prior notice. We make every effort to ensure the accuracy of the information on this Website and make reasonable efforts to correct any errors and inconsistencies. Be advised that Nu Form 101 reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged.

 

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL NU FORM 101, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AFFILIATES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (2) THE USE OF OR THE INABILITY TO USE ANY SERVICES SCHEDULED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. In no event will Nu Form 101’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or Your usage of any Nu Form 101 SERVICES, or any act ARISING HEREUNDER, or ANY omission OR FAILURE TO ACT, exceed the value of the actual purchase price paid by You to Nu Form 101 for SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENTS, FACTS, AND/OR CIRCUMSTANCES GIVING RISE TO ANY SUCH CLAIMS.

 

Indemnification: You agree to indemnify and hold harmless Nu Form 101, its directors, officers, employees, representatives, agents, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with Your use of the Nu Form 101 Website or Services, and/or information You submit or transmit through this Website, any breach by You of these Terms.

 

Termination By Nu Form101: You agree that Nu Form 101 may, in its sole discretion, and at any time, terminate Your use of this without prior notice to You, for any reason that Nu Form 101 deems appropriate. You further agree that Nu Form 101 will not be liable to You or to any third party for the consequences of any termination of Your use of or access to this Website and/or scheduling of the services offered thereon. In the event of any termination of Your use of or access to this Website, You agree that the provisions of these Terms regarding protection of intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and applicable law will survive any such termination.

 

Integration, Severability, and Waiver: These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.

 

Limitations of Actions Brought Against Nu Form 101: You agree that any claim or cause of action arising out of Your use of this Website, scheduling services, and/or these Terms, must be filed within one (1) year after such claim or cause of action arose, or it will forever be time-barred, notwithstanding any statute of limitations or other law to the contrary.

 

Applicable Law; Dispute Resolution; Class Action Waiver: These Terms and the resolution of any dispute related to these Terms, this Website, or services scheduled thereon will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Any dispute relating to these Terms that the parties are unable to resolve shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by You and will not be subject to any class action status.

 

You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AS PROVIDED IN THESE TERMS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney's fees and costs, and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You may be entitled will be governed by these Terms.

 

Any arbitration will occur exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings not subject to arbitration under these Terms, will be brought exclusively in the state or federal courts located in the city and county of San Diego, California. The terms of this section survive any termination of these Terms.

 

Remedies: In order to avoid irreparable injury to Nu Form 101, in the event of any breach or threatened breach by You of the provisions of these Terms, Nu Form 101 will be entitled to seek an injunction and/or other equitable relief restraining You from such breach. Nothing in these Terms shall be construed as prohibiting Nu Form 101 from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.

 

Electronic Communications: The information communicated on this Website constitutes an electronic communication. When You communicate with Nu Form 101 through this Website or via other forms of electronic media, such as email, You are communicating with Nu Form 101 electronically. You agree that Nu Form 101 may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Nu Form 101 provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

Trademark Notice: All trademarks and service marks displayed on this Website are the property of either Nu Form 101 or their respective owners. You may not use or display any trademarks or service marks owned by Nu Form 101 without Our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.

 

Copyright Policy and Copyright Agent: It is Our policy to respect the copyright and intellectual property rights of others. Nu Form 101 may remove content that appears to infringe the copyright or other intellectual property rights of others. Further, Nu Form 101 complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide Nu Form 101 the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on this Website; Your address, telephone number, and e-mail address; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Please send the information to:

 

Nu Form 101 LLC
Attn: Legal Dept.
1532 Encinitas Blvd.

Encinitas California 92024

 

Electronic Signatures and Agreements: You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or such similar links on the Website as may be designated by Nu Form 101, You accept these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract and that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records or payments or the granting of credits by other than electronic means.

 

Modifications to These Terms: Nu Form 101 may make changes to these Terms from time to time in its sole discretion by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of these Terms constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by Nu Form 101 on this Website. Nu Form 101 may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third-party at our discretion.

 

Notice: Nu Form 101 may give notice by means of a general notice on the services, electronic mail to Your email address used to schedule services, if any, or by written communication sent to Your address, or by posting such notice on the Website. Such notice shall be deemed given upon the expiration of 48 hours after mailing (if sent by first-class mail or prepaid post) or 12 hours after sending (if sent by email) or by posting on the Website. You may give notice to Nu Form 101, with such notice deemed given when received by Nu Form 101, at any time by first class mail or pre-paid post to: 1532 Encinitas Blvd., Encinitas, CA 92024, or by email at info@nuform101.com.

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