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NOMO HUB LLC PRIVACY STATEMENT
TABLE OF CONTENTS
Nomo Energy Hub LLC (“Nomo Hub”, "us," or "we") has created this Privacy Statement to inform you about how we collect, use and disclose information.
This Privacy Statement applies to information collected through this website and any mobile sites, applications, widgets, and other interactive features that link to this Privacy Statement (collectively, the "Site"). Except as specifically provided below, this Privacy Statement does not apply to information collected by Nomo Hub by or through any other means, such as information collected offline.
Nomo Hub or its affiliates may grant independent contractors selling rights to its product or service offerings (hereinafter referred to as “Independent Sales Representatives”). Independent Sales Representatives are not employed by Nomo Hub. Therefore, Nomo Hub does not control, and is not responsible or liable for the collection, use or disclosure of Personal Information by any Independent Sales Representatives, including for their marketing purposes. If you provide information to an Independent Sales Representative through the Site, Nomo Hub will have access to it and shall treat it in accordance with this Privacy Statement. Independent Sales Representatives may provide Nomo Hub with information regarding their customers, in which case Nomo Hub will treat such information, once in its possession, in accordance with this Privacy Statement.
If you are the customer of an Independent Sales Representative, you should check with your Representative directly to learn about her or his data privacy practices.
If you apply to become or are an Independent Sales Representative, in addition to the generally applicable provisions of this Privacy Statement, please review the Independent Sales Representative section at the bottom of this Privacy Statement to see important information about additional privacy practices that apply to you.
Information You Provide
We collect information from you when you choose to participate in our offers and programs or otherwise provide information directly to us, including when you register with us, purchase products or services, participate in our interactive features or otherwise communicate or interact with us on the Site.
The information we collect may include Personal Information. "Personal Information" is information that can identify you such as name, postal address (including billing and shipping addresses), telephone number, e-mail address, credit card number, and user name. We may also collect demographic information, such as your location, education, profession, age, gender, as well as other information, such as your hobbies and special interests. You may choose to voluntarily submit certain other information to us through the Site, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested that you submit such information to us.
Information Collected Automatically
We may automatically collect certain information about you when you access or use the Site (“Usage Information”), which may be stored in log files. Usage Information includes, without limitation:
Browser information, including browser type and version;
device type (e.g., Windows or Macintosh);
operating system version; and
data regarding network connected hardware.
Usage information also includes IP address. Your "IP Address" is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We may use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, detecting fraud, and administering the Site. We may also use and disclose IP Addresses for any other purpose as permitted by this Privacy Statement. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Statement.
Cookies, pixel tags and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect Usage Information. Some Tracking Technologies are discussed below:
Local Storage Objects. We and our third-party service providers may use Flash Local Storage Objects ("Flash LSOs") in certain situations including to recognize you and remember what is in your shopping cart. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser. For more information on Flash LSOs, and to learn how to control them, click on the support Page for the Flash Player and choose Global Storage Settings Panel and follow the instructions. To see the Flash LSOs on your device now, go to the Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Pixel tags. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. However, in contrast to cookies, which are stored on your device's hard drive, clear GIFs are embedded invisibly on website pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with the Site to, among other things, track the activities of our Site visitors and compile statistics about Site usage and response rates. We and our third-party service providers also may use clear GIFs in HTML-formatted e-mail messages to help us track e-mail response rates, measure the success of our marketing campaigns, and identify when our e-mails are viewed or forwarded.
Widgets and similar technologies. If you choose to utilize a widget or similar technology on the Site, such technology may collect information about you. Any Personal Information or other information you make available through such technology may become available publicly, for example, through social media and other websites and platforms on which the applicable technology is also available. In addition, some technology may have the capability to be distributed "virally" in other locations (for example, a friend or a customer of yours may post the widget that contains your information to his or her blog). Nomo Hub is not responsible or liable for the collection, use or disclosure of Personal Information and/or other information that is made publicly available.
Location-identifying technologies. GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location. You may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.
In-app tracking methods. There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. With respect to our mobile apps, you can stop all collection of information via an app by uninstalling the app.
Some information about your use of the Site and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Site and certain Third Party Services.
For further information on Tracking Technologies and your choices regarding them, please see the sections entitled “Third Party Services” and “Your Choices” below.
Information from Other Sources
We may obtain information about you from other sources, including third-party service providers, Independent Sales Representatives, and Third-Party Services, and combine such information with information we have collected about you. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Site, we will treat the combined information as Personal Information under this Privacy Statement. We are not responsible for the accuracy of any information provided by third parties or third-party policies or practices.
We may use information about you, including your Personal Information, for any purposes consistent with our statements in this Privacy Statement or as permitted by applicable law including:
for the purposes for which you specifically provided it including, without limitation, to enable us to respond to your inquiries and process and fulfill your requests;
to send you information about your relationship or transactions with us;
to tell you about products, services, programs, and offers that we believe may be of interest to you via e-mail, SMS, telephone or postal mail (for information about how to manage these communications and marketing efforts, please see “Your Choices” below);
to personalize your experience with us including by presenting products or offers tailored to you;
to allow you to use, communicate and interact with others on our Site;
to help you find an Independent Sales Representative including suggesting a new Nomo Hub Representative if your current Independent Sales Representative has discontinued selling Nomo Hub products or services, and to facilitate the business activities of an Independent Sales Representative;
for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;
to prevent and address fraud, breach of policies or terms, and threats or harm;
to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities (Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully); and
to manage our Site, complete and fulfill your order, or otherwise provide you with products or services, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
We may disclose information about you, including your Personal Information, for any purposes consistent with our statements in this Privacy Statement or as permitted by applicable law including:
for purposes disclosed at the time you provide the information;
with your consent or at your direction;
to companies that are affiliated with us, that are part of Nomo Hub or any related family of companies, but not for their direct marketing purposes;
to third-party service providers who provide services to Nomo Hub, such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, training, and other similar services. (These third parties will be supplied with, or have access to, your Personal Information for the purpose of providing these services to us or on our behalf; they are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes);
to Independent Sales Representatives, to the extent necessary for them to contact you, fulfill your orders or provide a service to you;
to a third party in the event of any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and
as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or third parties; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
From time to time, we may give you the opportunity to opt in to participate in special third-party offers that require us to share certain Personal Information with such third parties. We will disclose this anticipated sharing of Personal Information at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your Personal Information to such third parties for their direct marketing purposes. We recommend that you consult such third-parties' privacy policies in advance if you wish to participate in these offers.
Without limiting the foregoing, we may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area. We may share such aggregated information with third parties or affiliates for any purpose.
Certain features on our Site may give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to make public and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.
Our Site contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Site contains features that allow you to interact with, connect to, or access our Site through certain Third Party Services and third party devices (“Third Party Features”). For example, you use a Third Party Feature when you sign-in using your Facebook credentials or “like” or “share” content over social media through our Site. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature. If you publicly reference our Site on a Third Party Service (e.g., by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Site.
Nomo Hub may work with third-party service providers who use Tracking Technologies to conduct website analytics to help us track and understand how visitors use our Site. In addition, we may also work with third-party advertising companies who use Tracking Technologies on our Site and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Site (“Interest-based Advertising”). In the course of serving advertisements to you, these companies may place or recognize a unique cookie on your browser.
The information collected and stored by third parties, whether through our Site, a Third Party Service, a Third Party Feature, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S. or elsewhere. We are not responsible for the privacy practices of any third parties, including the privacy practices of third-party Internet advertising companies. The inclusion of a link on the Site does not imply endorsement of the linked site by us. To the extent we combine information we receive from third parties with Personal Information we collect directly from you on the Site, we will treat the combined information as Personal Information under this Privacy Statement.
Nomo Hub's Independent Sales Representatives are solely responsible for any of their own websites and for any information collected on those websites. If an Independent Sales Representative uses a Nomo Hub Site to collect information from you, Nomo Hub may have access to that information and shall treat it in accordance with this Privacy Statement.
To opt out of receiving certain marketing and/or promotional communications (e-mails, push notifications, text messages, and calls) from Nomo Hub at any time, you may (1) for e-mails, follow the "unsubscribe" instructions contained in any such e-mails you have received, or if you have registered with a Nomo Hub Site, use that Site's "modify account information" or similar functionality to opt out from receiving such e-mails; (2) for push notifications or in-app messages, adjust the permissions in your mobile device; (3) for text messages, text “STOP” in response to any text message you receive from us or contact us at email@example.com or firstname.lastname@example.org and specify you want to opt-out of text messages; and (4) for calls, request opt-out during any call you receive from us or contact us at email@example.com or firstname.lastname@example.org and specify you want to opt-out of calls. Please note that your opt-out is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions or, for e-mails, non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.
If you registered with a Site, you may view, change, modify or remove certain Personal Information contained in your personal profile by using the tools found in the profile or account section of the applicable Site.
We will endeavor to comply with your request as soon as reasonably practicable. However, we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. We also reserve the right, from time to time, to re-contact former Site visitors and users, including Independent Sales Representatives. Finally, we are not responsible for removing information or causing information to be removed from the databases or other records of third parties (including third-party service providers and Independent Sales Representatives) with whom we have already shared your Personal Information. California residents have additional rights set forth in “Your California Privacy Rights” below.
Tracking Technologies Generally
As discussed in the section entitled “Information Collected Automatically,” you may be able to exercise choice with regard to certain Tracking Technologies. Please be aware that if you disable or remove Tracking Technologies some parts of the Site may not work and that when you revisit the Site your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Analytics and Advertising Tracking Technologies
You may exercise choices regarding receipt of Interest-based Advertising by submitting opt outs. Some of the advertisers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). If you would like more information about the NAI and to know your choices for their members, please visit http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Nomo Hub is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
Nomo Hub will not share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes unless it receives your opt-in consent. If you are a California resident and wish to obtain information about our compliance with this law, please contact us in accordance with the “Contacting Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Nomo Hub is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Site and posted content or information on the Site, can request that such information be removed from the Site by sending an e-mail to us at email@example.com or firstname.lastname@example.org. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
The Site is not directed to children under the age of thirteen (13), and children should not access the Site. If you are a parent or guardian and believe Nomo Hub has collected information from your child, please contact us at email@example.com or firstname.lastname@example.org.
We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contacting Us section below.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law, including to allow us to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Personal Information may be stored and processed in any country where we have operations. By interacting with us and providing us with any Personal Information, you consent to the transfer to and processing, storage, and use of information in countries outside of your country of residence, which may provide for different data protection rules than in your country.
From time to time we may change this Privacy Statement. Please take a look at the "LAST UPDATED" legend at the top of this page to see when this Privacy Statement was last revised. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the Site. If any of these changes regarding your information are material and retroactively applied, we may provide you additional notice to your e-mail address. Your interaction with us following such changes means that you accept the revised Privacy Statement.
If you have any questions about this Privacy Statement, please contact us by e-mail at email@example.com firstname.lastname@example.org, or by regular mail at Nomo Hub LLC, 2701 Thanksgiving Way, Suite 100, Lehi, Utah 84043 Attn: Office of the General Counsel. Because e-mail communications are not always secure, please do not include sensitive information in your e-mails to us.
The following provisions are applicable only to Nomo Hub Independent Sales Representatives:
This Privacy Statement applies to the Personal Information of any Independent Sales Representatives collected by Nomo Hub, whether collected online or offline. This information would be collected in addition to any Personal Information we may collect from you as a Nomo Hub customer, as described above.
If you seek to become a Nomo Hub Independent Sales Representative we may collect and use your Personal Information to determine your eligibility.
In order to be appointed or become a Nomo Hub Representative, you may be required to enter into a separate agreement with Nomo Hub ("Representative Agreement"). If you have entered into a Representative Agreement, we may collect, use and disclose your Personal Information in accordance with this Privacy Statement and the terms of your "Representative Agreement." We also may collect, use and disclose your Personal Information as necessary to fulfill our obligations under the Representative Agreement. In the event of a conflict between this Privacy Statement and the Representative Agreement, the terms of the Representative Agreement shall apply. Once you are a Nomo Hub Independent Sales Representative (including a sales leader), we may disclose your Personal Information:
to sales consultants or their equivalent, who may be independent contractors to Nomo Hub;
as part of our sales leadership program, to Independent Sales Representatives who are sales leaders;
to current and potential customers who are seeking the assistance of a Nomo Hub Representative; and
as necessary to comply with legal requirements such as tax and record keeping obligations.
We may also combine any other information that we and our third-party service providers collect about your use of our Site (as described above) with your unique Representative account number. We may use the combined information for purposes such as to analyze Independent Sales Representatives' use of our Sites, in order to evaluate and make improvements to our business model, and for other internal analytics purposes.
This Statement ©2020 Nomo Energy Hub LLC All rights reserved.
LAST UPDATED: July 1, 2020
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. This Agreement applies to all Nomo Dealer Hub websites, including, but not limited to, the following: NOMODEALERHUB.COM, MANNA.NOMODEALERHUB.COM, and GREATSOLAROFFER.COM (collectively the “NOMO HUB WEBSITES”). If you do not agree to the terms and conditions of this Agreement, please do not use any of the NOMO WEBSITES. Nomodealerhub.com is owned and operated by Nomo Energy Hub LLC, a limited liability company formed under the laws of the State of Utah, U.S.A. (referred to herein as “NOMO HUB,” "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised version of this Agreement on the NOMO HUB WEBSITES. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. You should always check this Agreement prior to using the NOMO HUB WEBSITES.
The NOMO HUB WEBSITES are owned and operated by NOMO HUB. The contents of the NOMO HUB WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the NOMO HUB WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by NOMO HUB to access and use the NOMO HUB WEBSITES, you may download one (1) copy of any particular materials from the NOMO HUB WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of NOMO HUB’s copyright and other proprietary rights.
"NOMO HUB" and the other NOMO HUB trademarks, trade names, service marks and logos appearing on the NOMO HUB WEBSITES are proprietary trademarks of NOMO HUB or its Licensors. The use of any of our trademarks or any other content made available through the NOMO HUB WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
2.Information Submitted Through the NOMO HUB WEBSITES.
Your submission of information through the NOMO HUB WEBSITES is governed by NOMO HUB's Privacy Statement (the "Privacy Statement"), located at [https://www.nomodealerhub.com/cms/privacy]. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
By submitting any information or material to the NOMO HUB WEBSITES, you represent, warrant and agree that
3.Registration; Usernames and Passwords.
You may be required to register with NOMO HUB in order to access certain areas of the NOMO HUB WEBSITES, for example, to purchase or access NOMO HUB products or services, or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the NOMO HUB WEBSITES, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the NOMO HUB WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the NOMO HUB WEBSITES that occur in connection with your username. You agree to immediately notify NOMO HUB of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the NOMO HUB WEBSITES, and to ensure that you "log off" and exit from your account with the NOMO HUB WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
4.Rules of Conduct.
We expect users of the NOMO HUB WEBSITES to respect the law as well as the rights and dignity of others. While using the NOMO HUB WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the NOMO HUB WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the NOMO HUB WEBSITES pursuant to Section 13 below.
You agree not to:
5.Ratings, Forums and Submissions.
NOMO HUB may offer features through the NOMO HUB WEBSITES that enable you to post information and materials publicly, for example, product or service ratings and reviews, bulletin boards, chat areas, training areas, and similar forums (collectively referred to herein as "Ratings and Forums"). All of the rules of conduct described in Section 4 above apply to the Ratings and Forums. Additionally, without NOMO HUB 's express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Ratings and Forums to solicit other NOMO HUB WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any NOMO HUB WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by NOMO HUB without restriction. You grant to NOMO HUB the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through the NOMO HUB WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in the NOMO HUB WEBSITES. The Ratings and Forums include the opinions, statements and other content of third parties, including NOMO HUB Independent Sales Representatives. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including NOMO HUB Independent Sales Representatives) through the Ratings and Forums or otherwise through the NOMO HUB WEBSITES are those of such third parties and not of NOMO HUB, and NOMO HUB does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the NOMO HUB WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that NOMO HUB has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the training or other forums or any other part of the NOMO HUB WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH THE NOMO HUB WEBSITES, YOU DO SO AT YOUR OWN RISK.
6.Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any NOMO HUB WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, NOMO HUB will ask you to agree to become subject to those rules, which may vary from the terms and conditions set forth herein. NOMO HUB urges you to read the applicable rules which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
NOMO HUB controls and operates the NOMO HUB WEBSITES from its offices located in the State of Utah, U.S.A., and the NOMO HUB WEBSITES are not intended to subject NOMO HUB to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the NOMO HUB WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. NOMO HUB makes no representation or warranty that any NOMO HUB WEBSITE, in whole or in part, or any products, services, or materials made available through the NOMO HUB WEBSITES, are appropriate or available for use in other locations. Those who choose to access the NOMO HUB WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
8.Links to or From Other Sites.
Except as otherwise expressly stated by NOMO HUB on a NOMO HUB WEBSITE, NOMO HUB is not affiliated or associated with operators of any third-party websites that link to or are linked from the NOMO HUB WEBSITES. NOMO HUB expressly disclaims any responsibility for the accuracy, content, or availability of information found on third-party websites that link to or are linked from the NOMO HUB WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any thirdparty site that links to or is linked from the NOMO HUB WEBSITES because these third-party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any thirdparty sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a thirdparty site or otherwise.
YOU AGREE THAT YOUR USE OF THIRDPARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
NOMO HUB shall have the right, at any time and at its sole discretion, to block links to the NOMO HUB WEBSITES through technological or other means without prior notice.
9.Disclaimer of Warranties.
THE NOMO HUB WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOMO HUB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE NOMO HUB WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. NOMO HUB MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY NOMO HUB INDEPENDENT SALES REPRESENTATIVES; (B) THAT THE NOMO HUB WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE NOMO HUB WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE NOMO HUB WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE NOMO HUB WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the NOMO HUB WEBSITES and the servers from which the NOMO HUB WEBSITES are operated, the NOMO HUB WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, thirdparties may make unauthorized alterations to the NOMO HUB WEBSITES. If you become aware of any unauthorized third party alteration to the NOMO HUB WEBSITES, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the applicable NOMO HUB WEBSITE where such material(s) appear.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
10.Limitation of Liability.
IN NO EVENT SHALL NOMO HUB , ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "NOMO HUB ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE NOMO HUB WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE NOMO HUB WEBSITES, OR (D) THE ACTS OR OMISSIONS OF NOMO HUB INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF NOMO HUB OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOMO HUB IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NOMO HUB IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY NOMO HUB INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL NOMO HUB 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE NOMO HUB WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE NOMO HUB WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE NOMO HUB WEBSITES.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You will indemnify and hold the NOMO HUB Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your misuse of, inability to use, or activities in connection with the NOMO HUB WEBSITES; (b) any violation of this Agreement or any other NOMO HUB terms, conditions or policies by you or through any account you may have with any NOMO HUB WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the NOMO HUB WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any NOMO HUB WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the NOMO HUB Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s). This provision does not require you to indemnify any of the NOMO HUB Entities for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any NOMO HUB WEBSITE or any content provided hereunder.
12.Termination and Enforcement.
This Agreement is effective until terminated by NOMO HUB\. You agree that NOMO HUB, at its sole discretion, may terminate your access to or use of the NOMO HUB WEBSITES, at any time and for any reason, including without limitation if NOMO HUB believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 4 above). Upon any such termination, your right to use the NOMO HUB WEBSITES will immediately cease. You agree that any termination of your access to or use of the NOMO HUB WEBSITES may be effected without prior notice and that NOMO HUB may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that NOMO HUB shall not be liable to you or any third party for any termination of your access to the NOMO HUB WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. NOMO HUB reserves the right to takes steps that NOMO HUB believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the NOMO HUB WEBSITES and/or a third party claim that your use of the NOMO HUB WEBSITES is unlawful or violates such third party's rights).
13.Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a NOMO HUB WEBSITE infringe your copyright, you (or your agent) may send NOMO HUB a notice requesting that NOMO HUB remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send NOMO HUB a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to, NOMO HUB LLC Attn: Office of the General Counsel, 2701 Thanksgiving Way, Suite 100, Lehi, Utah 84043. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following site: https://www.techradar.com/news/the-best-free-parental-control-software. Note that NOMO HUB does not endorse, support or approve any of the products or services listed at such site.
15.Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the NOMO HUB WEBSITES, please send an email to firstname.lastname@example.org or email@example.com. You may also contact us by writing to NOMO HUB LLC, Attn: Office of the General Counsel, 2701 Thanksgiving Way, Suite 100, Lehi, Utah 84043. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
16.Agreement To Arbitrate Disputes And Choice Of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and NOMO HUB agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate NOMO HUB’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the NOMO HUB WEBSITE, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or NOMO HUB must do the following things:
1.Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
2.Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.
3.Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in Salt Lake City, Utah under Utah law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and NOMO HUB, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NOMO HUB.
NO CLASS ACTIONS: You agree you may only resolve disputes with us on an individual basis, and may not bring a claim 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 allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NOMO HUB in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NOMO HUB WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that any non-arbitrable dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Salt Lake County, Utah, U.S.A.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and NOMO HUB. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and NOMO HUB relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and NOMO HUB relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any NOMO HUB WEBSITE, by email, or by regular mail, at NOMO HUB’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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This Statement ©2020 NOMO ENERGY HUB LLC. All rights reserved.