Welcome to NNPOnline , one of the family of informational, educational and entertainment-oriented applications and websites brought to you by Afriwest Media, LLC, an affiliate of The Nigerian Nostalgia Project and its subsidiaries and affiliates (“NNP”). Please read this Visitor Agreement; by using this website, you accept its terms.
This is a legal agreement between you (“you” or “user”) and NNP that states the material terms and conditions that govern your use of NNPOnline . This agreement, together with all updates, supplements, additional terms, and all of
NNP’s rules and policies collectively constitute this “Agreement” between you and NNP . BY ACCESSING NNPOnline , YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE VISITOR AGREEMENT AS STATED HEREIN, PLEASE DO NOT USE NNPOnline AND DELETE ANY ASSOCIATED APPLICATIONS FROM YOUR DEVICE.
This Visitor Agreement applies to all of the websites and applications associated with NNPOnline offerings as well as all NNPOnline e-mail newsletters published or distributed by or on behalf of NNP and any other interactive features, video or platforms associated with the NNPOnline offerings, to the extent each of the foregoing is offered in the United States. Those outlets are referred to collectively in this Visitor Agreement as “NNPOnline .” Please note that this Visitor Agreement does not, however, apply to “NNPOnline ”-branded offerings available outside the United States.
As described below, you may be able to access and view some materials for free and without registering for an account,but certain features may only be available if you (a) register for an account and sign in to the associated service; or (b) if you subscribe to the service and pay the associated subscription fee. Additional terms and conditions may apply to some services offered on NNPOnline . Such terms and conditions may be found at the place where the relevant service is offered. Some features may not be available on all devices. Please visit the NNPOnline Help Center to see the full list of supported devices and operating system requirements and any other device restrictions that may apply. You are responsible for all internet access, mobile data or other charges incurred when using NNPOnline . Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.Please read this Visitor Agreement carefully. It contains important information regarding your legal rights including mandatory arbitration, noclass relief, and waiver of your right to a jury trial. Please take a few minutes to review the Dispute Resolution section below. We may change the terms of this Visitor Agreement from time to time to
accommodate changes in the marketplace. By continuing to use any of the NNPOnline offerings on NNPOnline after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to,
suspend or discontinue NNPOnline , or any portion of NNPOnline , at any time.
YOUR CONTINUED USE OF NNPOnline FOLLOWING THE POSTING OF CHANGES TO THIS VISITOR AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR VISITOR AGREEMENT WILL APPLY RETROACTIVELY.
NNP respects the privacy of our users. Please take a few minutes to review our Privacy Notice. If you disagree with any material you find on NNPOnline , we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believeto be factually inaccurate by contacting our representatives at firstname.lastname@example.org
The material that appears on NNPOnline is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on NNPOnline , you should confirm any facts that are important to your decision.
NNP and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on
NNPOnline . NNP is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by NNP or its
The following additional terms apply with respect to your use of the NNPOnline app downloaded from the Apple App Store.
1.Acknowledgement: NNP and you acknowledge that this Visitor Agreement constitutes the agreement between NNP and you only, and not with Apple, and NNP, not Apple, is solely responsible for any App and the content
thereof. To the extent this Visitor Agreement provides for usage rules for any App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Apple App Store Terms of Service,
the more restrictive or conflicting Apple App Store term applies.
2. Scope of License: The license granted to you for each App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Apple App
Store Terms of Service.
3. Maintenance and Support: NNP is solely responsible for providing any maintenance and support services with respect to each App, as specified in this Visitor Agreement (if any), or as required under applicable law. NNP
and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App.
4. Warranty: NNP is solely responsible for any product warranties, whetherexpress or implied by law, to the extent not effectively disclaimed. In the event of any failure of any App to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such App,
and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be NNP’s sole responsibility.
5.Product Claims: NNP and you acknowledge that NNP, not Apple, is responsible for addressing any claims of you or any third party relating to any App or your possession and/or use of any App, including, but not
limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This provision
does not limit NNP’s liability to you beyond what is permitted by applicable law.
6.Intellectual Property Rights: NNP and you acknowledge that, in the event of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights, NNP , not Apple,will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7.Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.NNP Name and Address: NNP’s contact information for any end-user questions, complaints or claims with respect to any App is email@example.com, or go to our NNPOnline NNPOnline help page at afriwestmedia.com
9.Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using any App.
10 Third Party Beneficiary: NNP and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the agreement between NNP and you in this Visitor Agreement, and that, upon your acceptance of this Visitor Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary thereof.
ACCESS TO THE SERVICE By accessing, using or installing NNPOnline , you will be able to access and view
content, which may include videos, music, games, graphics, text, images and photographs (“NNPOnline Content”), on the terms and conditions set out in this Visitor Agreement.
You may be able to access and view some NNPOnline Content for free, but most NNPOnline Content may only be available to you if you: (a) register a NNPOnline account (“NNPOnline Account”); and (b) purchase a NNPOnline
subscription (“NNPOnline Subscription”).
Further details of the current NNPOnline Subscriptions on offer can be found within NNPOnline . If you purchase a NNPOnline Subscription from us, you can view details about your NNPOnline Subscription, including the price, by
accessing your account section in NNPOnline . If your NNPOnline Subscription auto-renews, this information will include the recurring subscription fee, billing renewal date and how to stop your NNPOnline Subscription from auto-renewing.You may personalize your use of NNPOnline by creating one or more profiles under your NNPOnline Account. Only the account holder and those with permission from the account holder may create a profile. The account holder may access profile details and delete or modify profiles associated with the account.
When you sign up for a NNPOnline Account or purchase a NNPOnline Subscription you are responsible for all access to and use of NNPOnline through your account. You are also responsible for your NNPOnline Account username
and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details,
username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username.
FREE PERIOD OF ACCESS
Your NNPOnline Subscription may start with a free period of access. Free periods of access are available to new subscribers only (one per subscriber) unless we tell you otherwise and are subject to availability. The specific duration
of the free period of access will be specified at the point of sign-up. You will becharged at the end of your free period of access, unless you cancel your NNPOnline Subscription before the expiry of the free period of access. Please
note that you may not be notified that your free period of access is ending or has ended and that your paid subscription has started.
NNP and its affiliates or business partners may make available codes or other promotional offers which: (a) grant access to NNPOnline Content normally only available via a NNPOnline Subscription without requiring you to pay for such access; or (b) give a discount on a NNPOnline Subscription or other paid offerings in NNPOnline (“Promotional Offers”). Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by NNP , its affiliates or one of our business partners. You may only use and redeem Promotional Offers in accordance with the specific terms andconditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details. Unless stated otherwise, Promotional Offers are only available to new subscribers (one per subscriber) and are subjectto availability. Where a Promotional Offer is combined with a free period of access, restrictions may apply. Where a Promotional Offer is provided by a business partner, that other party may also have additional terms and conditions which apply. NNP is not responsible for the products and services provided by such third parties. Eligibility for Promotional Offers is determined by NNP and we reserve the right to limit availability of and/or revoke any Promotional Offer and put your account on hold in the event that you are not eligible.
If a charge applies to your NNPOnline Subscription, you will be charged for it using the payment method you designate (the “Primary Payment Method”). In addition, you may have the option to provide multiple payment methods to be associated with your Account. In the event you submit multiple payment methods, you hereby authorize NNP to charge such backup payment method in the event the Primary Payment Method cannot be charged. If your NNPOnline Subscription automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your NNPOnline Subscription at the same price (unless we have notified you of a price change as described below). Usually the first payment will be taken on the day yousubscribe or, if you have a free period of access, the day after your free period of access ends. If you are eligible for a Promotional Offer involving a discount, your bill and payments will be reduced accordingly for the promotion period.
To view your billing information or to change your payment method, go to your account section in NNPOnline (unless you’re paying via a third party or through another service, for example via one of our partners, in which case see “Third Party Platforms and Services” below).
If a payment is not successfully settled, because your payment method has expired and there is no viable backup payment method associated with your account, you have insufficient funds, or otherwise, and you do not change your
payment method or cancel your NNPOnline Subscription, we may suspend your access to your NNPOnline Subscription and/or your NNPOnline Account until we (or the relevant third party) have obtained a valid payment method. When you update your payment method in your account, you authorize us to charge the
updated payment method for your NNPOnline Subscription and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.We reserve the right to change the date we charge you if your payment method has not been successfully authorized or if your subscription renewal date does
not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th.
We use other companies (including other companies in the same group as NNP ), agents or contractors to process credit card transactions or other payment methods. For some payment methods, the relevant issuer may charge
you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. You will be solely responsible for any
such taxes and charges which may apply. Check with your payment provider for details.
If you subscribe to a NNPOnline Subscription which starts with a free period of access, or if you use a Promotional Offer which requires you to provide your payment details, a payment may be authorized by your bank when your free
period of access or Promotional Offer begins but no payment will be taken by us for this free period of access or for this Promotional Offer period. You should be aware however that this may affect your available balance or credit limit.
Certain types of NNPOnline Subscriptions automatically renew unless you cancel your subscription before your next renewal date. If you purchase a NNPOnline Subscription through us, we will let you know, at the point of sign-up,
if your type of NNPOnline Subscription will automatically renew. If you have a NNPOnline Subscription which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your NNPOnline Subscription will automatically renew. If your
NNPOnline Subscription automatically renews, you will be charged the total subscription fee at the same price (unless we have notified you of a price change, in accordance with “Price Changes” below) due for the next subscription
We may change the price of your NNPOnline Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come intoeffect. If you have purchased a NNPOnline Subscription through one of our third party partners, price changes will be subject to that third party’s terms and conditions.
If we notify you of a price change and you do not want to continue your NNPOnline Subscription at the new subscription price, you can cancel your NNPOnline Subscription either: (i) before the start of the next subscription period by following the steps in “Cancellation” below; or (ii) at any time before the price change becomes effective by providing us with notice via. Email to firstname.lastname@example.org .
We will always try to make sure the price of your NNPOnline Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancelyour NNPOnline Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for but not yet received.
You can cancel your NNPOnline Subscription before the end of the current subscription period (or free period of access) and, unless we tell you otherwise, the cancellation will be effective at the end of the current subscription period (or free period of access). This means that if you are part of the way through a subscription period (or free period of access), you will be able to continue to use your NNPOnline Subscription until the end of the current subscription period (or free period of access), unless we tell you otherwise. To manage your NNPOnline Subscription, click on the account area in NNPOnline . If you signed up for a NNPOnline Subscription through a third party
(for example via one of our partners) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party and turn off auto-renew for NNPOnline .REFUNDS AND CREDITS
Without affecting your applicable statutory rights, payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we
are obligated to do so again, even in the same circumstances. If you signed up for a NNPOnline Subscription through a third party (for example, an app-store or via one of our partners) and encounter any problems
with billing or payments, please contact that third party in respect of any refunds or credits relating to your NNPOnline Subscription in accordance with that third party’s terms. For any other issues relating to your NNPOnline Subscription, you can contact us at email@example.com
THIRD PARTY PLATFORMS AND SERVICES
If you access NNPOnline or purchase a NNPOnline Subscription through a third party (for example, via a bundle of services provided by one of our third party partners) or another product or service sold by that third party, your payment willbe to that third party or to that other product or service and you will be subject to that third party’s terms or to that other product or services’ terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise such right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions or in the terms and conditions of the other product or service. You must comply with
those terms and conditions and also with this Visitor Agreement. In the event of any inconsistency between this Visitor Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Visitor Agreement. If you are paying for a NNPOnline Subscription via a third party or via another product or service sold by that third party and you wish to change your payment method, you will need to do so through that third party or the other product or service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to NNP’s Designated Agent. TheName and Address of Agent Designated to Receive Notification of Claimed
Infringement: Olufemi Sunmonu, Aliant Law 256a Ikorodu Crescent Dolphin Estate, Nigeria 101222. Email: firstname.lastname@example.org .To be effective, the notification must be a written communication that includes the
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 at a single online site are covered by a single notification, a representative list of such works at that 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 e-mail 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;
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.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our
records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS
NNP wants to encourage an open exchange of information and ideas on and through designated parts of NNPOnline . But we cannot and do not review every posting made on NNPOnline ’s community and social media sites, or in chat
rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than NNP . We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on NNP’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on NNPOnline lies with each user – you alone are responsible for material you post. NNP does not control the messages, information or other content that you or others may provide through NNPOnline . You may use NNPOnline for lawful purposes only. By using NNPOnline , you agree not to submit, post or transmit on or through
NNPOnline any material or otherwise engage in any conduct that:· Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
· Allows you to gain unauthorized access to NNPOnline , or any account, computer system, or network connected to NNPOnline , by means such as hacking, password mining or other illicit means; ·Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
· Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,age, or disability;Collects for marketing purposes any email addresses or other personal information that has been posted by other users of NNPOnline .
· Impersonates any person, business or entity, including NNP and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including NNP ;
· Contains an advertisement or solicitation or encourages others to make a donation;· Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a
computer or computer network;
· Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
· Results in the posting or transmission of any message anonymously or under a
· Permits any person to access, using your account, any features of NNPOnline that may require registration;
· Results in a single message being posted to any area of NNPOnline if that message is, in our view, off-topic or in violation of this Visitor Agreement; or
· Violates this Visitor Agreement, guidelines or any policy posted on NNPOnline ,
or interferes with the use of NNPOnline by others.
Although NNP cannot monitor all content on NNPOnline ’s community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that NNP shall have the right, but not the obligation, to monitor the content of NNPOnline to determine compliance with this VisitorAgreement and any other operating rules that may be established by NNP from time to time. NNP shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on NNPOnline for any
reason, including violation of this Visitor’s Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their
material. You acknowledge and agree that neither NNP nor any of its affiliates shall assume or have any liability for any action or inaction by NNP with respect to any conduct within NNPOnline or any communication or posting on
NNPOnline . NNP also reserves the right to disclose any information that NNP believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
NNP requires you not to use NNPOnline to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to NNPOnline ,
you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right,
claim, or interest in the material that you have submitted or posted. You alsowarrant that all moral rights in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another,
without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
USE OF MATERIALS
With the exception of any material posted on NNP’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of NNP and may be reproduced, modified and distributed as we see fit, in any medium,
for any purpose and in perpetuity. Further, you understand that by posting material on NNP’s community and social media sites, you are granting to NNP , and to anyone authorized by NNP , a royalty-free, perpetual, irrevocable, non-
exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit,sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on NNP’s community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit any proprietaryrights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Also, in connection with the exercise of such rights, you grant NNP , and anyone authorized by NNP , the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as NNP
The materials available through NNPOnline are the property of NNP or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to play, display and print for your personal, non-commercial use information you receive through NNPOnline and otherwise use NNPOnline for the purposes intended. But you may not otherwise modify or reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on NNPOnline in any form
( including by e-mail or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves on NNPOnline and to tell them how to find it. You will not remove any copyright, trademark or other proprietary notices from material found
on NNPOnline .
You agree not to use the NNPOnline to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval, nor to state or imply any sponsorship or
endorsement by NNP .
NO SPAMMING OR SPIMMING
From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
TRADEMARKS We do not want anyone to be confused as to which materials and services are provided by NNP and which are not. You may not use any trademark or service mark appearing on NNPOnline without the prior written consent of the owner of the mark.
You must be at least 13 years old to use NNPOnline . However, you must be at least 18 years old to register on NNPOnline . By registering on NNPOnline , you warrant that you are at least 18 years old. Please do not use NNPOnline if you are not at least 13 years old.
ELIGIBILITY TO SUBSCRIBE TO SERVICES
NNPOnline is intended for use only in the United States (“Territory”). NNP makes no promise that any or all of the services available on NNPOnline are appropriate or available for use in locations outside the United States, and
accessing NNPOnline from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State
Department or other U.S. government entity. If you choose to access NNPOnlinefrom locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to services you subscribe to through NNPOnline . NNP makes no representation or warranty that all of the services will be available in any or all territories at any time.
USER ACCOUNT INFORMATION AND SECURITY
You agree that the information you supply during the registration process will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of
impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that NNP considers to be offensive. NNP
reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify NNP of any known or suspected
unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password oraccount without your authorization, you must notify NNP immediately. NNP reserves the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests. Please inform NNP if there is a
change in the information you provided at the time of your initial registration, including any change of address or name, by contacting customer service at email@example.com Click here to view our Privacy Notice.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make NNPOnline interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of NNPOnline .
YOU AGREE THAT YOUR USE OF NNPOnline IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH NNPOnline , AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE
DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY NNP SITE OR ANY MATERIALAVAILABLE THROUGH NNPOnline , YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH NNPOnline .
NNPOnline IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE NNPOnline , NNP AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH NNPOnline , NOR DO THEY GUARANTEE THAT NNPOnline WILL BE ERROR-FREE OR CONTINUOUSLY
AVAILABLE, OR THAT NNPOnline WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL NNPOnline ,NNP OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF
NNPOnline , INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITYOF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NNPOnline , NNP AND THEIR AFFILIATES, AGENTS AND
LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF NNPOnline , NNP AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO NNPOnline WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO NNP FOR THE USE OF NNPOnline .
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND NNP HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NNP agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with NNPOnline , (ii) any purchases or
other transactions or relationships with NNP , or (iii) any data or information you may provide to NNP or that NNP may gather in connection with such use,interaction or transaction (collectively, “NNP Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with NNPOnline , or engaging in any other NNP Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using NNPOnline , you agree that any complaint, dispute, or disagreement you
may have against NNP , and any claim that NNP may have against you, arising out of, relating to, or connected in any way with this Visitor Agreement, our Privacy Notice, or any NNP Transactions or Relationships shall be resolved
exclusively by final and binding arbitration (“Arbitration”) administered by JAMSor its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with
the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be
administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed
has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, NNP agrees to provide the benefit of such Minimum Standards to you to the extent they are more
favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled “No Class Relief” and
“Interpretation and Enforcement of Arbitration Clause.”. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.You further agree that:
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability,
enforceability or formation of this Visitor Agreement and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of this Visitor Agreement is void or voidable;
Location of Arbitration. The Arbitration shall be held either:
(i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does notrequire travel in excess of 100 miles from your home or place of business); or
at such other location as may be mutually agreed upon by you and NNP ; or
at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law ofthe U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of
procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief; No Class Relief. The Arbitration can resolve only your and/or NNP’s individual
claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction
thereof or having jurisdiction over the relevant party or its assets;Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NNP will payas much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
Reasonable Attorney’s Fees. In the event you recover an Award greater than NNP’s last written settlement offer, the Arbitrator shall also have the right to include in the Award NNP’s reimbursement of your reasonable and actual out-of-
pocket attorneys’ fees associated with the Arbitration, but NNP shall in all events bear its own attorneys’ fees;
Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration
provision shall be null and void, and neither you nor NNP shall be entitled toarbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
Modification of Arbitration Clause With Notice. NNP may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NNP has given notice of such modifications and only on aprospective basis for claims arising from NNP Transactions and Relationships
occurring after the effective date of such notification; and Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.
Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against NNP in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or
representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
CHOICE OF LAW
This Agreement has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph
with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9U.S.C. §§ 1-16).
CHOICE OF FORUM
By using NNPOnline , you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.
You agree to indemnify, defend and hold harmless NNP , its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and againstany and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any NNP Site using your account.
In the event that you have a dispute with one or more other users of NNPOnline , you release NNP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid orunenforceable portion were not part of the Visitor Agreement.