TERMS OF SERVICE Last updated April 01, 2025 AGREEMENT TO OUR LEGAL TERMS We
are Nanowrit Labs, Inc ("Company," "we," "us," "our"), a company registered
in Colorado, United States at 931 E 1st Ave, Apt 323, Broomfield, CO 80020.
We operate the website https://nanowritlabs.com (the "Site"), as well as any
other related products and services that refer or link to these legal terms
(the "Legal Terms") (collectively, the "Services"). You can contact us by
phone at (+1)7205059335, email at [email protected], or by
mail to 931 E 1st Ave, Apt 323, Broomfield, CO 80020, United States. These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Nanowrit Labs, Inc,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms from time
to time. We will alert you about any changes by updating the "Last updated"
date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted. The Services are intended for
users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Services. We recommend that you print a
copy of these Legal Terms for your records. TABLE OF CONTENTS 1. OUR
SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER
REGISTRATION 5. PURCHASES AND PAYMENT 6. SUBSCRIPTIONS 7. PROHIBITED
ACTIVITIES 8. USER GENERATED CONTRIBUTIONS 9. CONTRIBUTION LICENSE 10.
SOCIAL MEDIA 11. THIRD-PARTY WEBSITES AND CONTENT 12. ADVERTISERS 13.
SERVICES MANAGEMENT 14. PRIVACY POLICY 15. TERM AND TERMINATION 16.
MODIFICATIONS AND INTERRUPTIONS 17. GOVERNING LAW 18. DISPUTE RESOLUTION 19.
CORRECTIONS 20. DISCLAIMER 21. LIMITATIONS OF LIABILITY 22. INDEMNIFICATION
23. USER DATA 24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS 26. MISCELLANEOUS 27. CONTACT US 1. OUR
SERVICES The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the extent
local laws are applicable. The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA). 2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"), as
well as the trademarks, service marks, and logos contained therein (the
"Marks"). Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world. The Content
and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only. Your use of our
Services Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to: ▪ access the Services; and ▪
download or print a copy of any portion of the Content to which you have
properly gained access, solely for your personal, non-commercial use or
internal business purpose. Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission. If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to:
[email protected]. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content. We reserve all
rights not expressly granted to you in and to the Services, Content, and
Marks. Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately. Your submissions and contributions Please review this
section and the "PROHIBITED ACTIVITIES" section carefully prior to using our
Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services. Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be
treated as a Contribution. You understand that Contributions may be viewable
by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your
name, trademarks, and logos):Â By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate
into other works, your Contributions, and to sublicense the licenses granted
in this section. Our use and distribution may occur in any media formats and
through any media channels. This license includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or
making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you: ▪
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and
will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading; ▪ to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution; ▪ warrant that
any such Submission and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions;
and ▪ warrant and represent that your Submissions and/or Contributions do
not constitute confidential information. You are solely responsible for your
Submissions and/or Contributions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c)
applicable law. We may remove or edit your Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove
or edit any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these Legal
Terms. If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities. 3. USER
REPRESENTATIONS By using the Services, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary;Â (3) you have
the legal capacity and you agree to comply with these Legal Terms;Â (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not violate
any applicable law or regulation. If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of
the Services (or any portion thereof). 4. USER REGISTRATION You may be
required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable. 5. PURCHASES AND PAYMENT
We accept the following forms of payment: - Â Visa - Â Mastercard -
 American Express -  Discover You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you
as needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be in
US dollars. You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment. We reserve the right
to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors. 6. SUBSCRIPTIONS Billing and Renewal Your
subscription will continue and automatically renew unless canceled. You
consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as
you cancel the applicable order. The length of your billing cycle will
depend on the type of subscription plan you choose when you subscribed to
the Services. Cancellation You can cancel your subscription at any time by
logging into your account. Your cancellation will take effect at the end of
the current paid term. If you have any questions or are unsatisfied with our
Services, please email us at [email protected]. Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law. 7.
PROHIBITED ACTIVITIES You may not access or use the Services for any purpose
other than that for which we make the Services available. The Services may
not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us. As a user of the Services, you
agree not to: ▪ Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us. ▪
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords. ▪ Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Services and/or the
Content contained therein. ▪ Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services. ▪ Use any information obtained from the
Services in order to harass, abuse, or harm another person. ▪ Make improper
use of our support services or submit false reports of abuse or misconduct.
▪ Use the Services in a manner inconsistent with any applicable laws or
regulations. ▪ Engage in unauthorized framing of or linking to the
Services. ▪ Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services. ▪ Engage in
any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools. ▪ Delete the copyright or other proprietary rights notice
from any Content. ▪ Attempt to impersonate another user or person or use
the username of another user. ▪ Upload or transmit (or attempt to upload or
to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms"). ▪ Interfere with, disrupt, or create an
undue burden on the Services or the networks or services connected to the
Services. ▪ Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you. ▪ Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services. ▪ Copy or adapt the
Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code. ▪ Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services. ▪ Except as may
be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any unauthorized script or
other software. ▪ Use a buying agent or purchasing agent to make purchases
on the Services. ▪ Make any unauthorized use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses. ▪ Use the Services as
part of any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial enterprise. ▪
Use the Services to advertise or offer to sell goods and services. ▪ Sell
or otherwise transfer your profile. 8. USER GENERATED CONTRIBUTIONS The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that: ▪ The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party. ▪ You are the
creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and
other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms. ▪ You have the written
consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these
Legal Terms. ▪ Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation. ▪ Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us). ▪ Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone. ▪ Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation, or
rule. ▪ Your Contributions do not violate the privacy or publicity rights
of any third party. ▪ Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors. ▪ Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap. ▪ Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation. Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the
Services. 9. CONTRIBUTION LICENSE By posting your Contributions to any part
of the Services or making Contributions accessible to the Services by
linking your account from the Services to any of your social networking
accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels. This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions. We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in
your Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions. We have the right,
in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions. 10. SOCIAL MEDIA As part
of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing your Third-Party Account
login information through the Services; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the "Social Network Content") so
that it is available on and through the Services via your account, including
without limitation any friend lists and (2) we may submit to and receive
from your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending
on the Third-Party Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be available on
and through your account on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then
Social Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible
for any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture
that become associated with your account. 11. THIRD-PARTY WEBSITES AND
CONTENT The Services may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or
to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party Websites. 12.
ADVERTISERS We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar advertisements
or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers. 13.
SERVICES MANAGEMENT We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in
a manner designed to protect our rights and property and to facilitate the
proper functioning of the Services. 14. PRIVACY POLICY We care about data
privacy and security. Please review our Privacy
Policy:Â https://nanowritlabs.com/privacy-policy. By using the Services, you
agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the United States.
If you access the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and
processed in the United States. 15. TERM AND TERMINATION These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT ANDÂ ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION. If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress. 16. MODIFICATIONS AND INTERRUPTIONS We reserve the right
to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable
to you or any third party for any modification, price change, suspension, or
discontinuance of the Services. We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting
in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time
or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith. 17. GOVERNING LAW These Legal Terms and
your use of the Services are governed by and construed in accordance with
the laws of the State of Colorado applicable to agreements made and to be
entirely performed within the State of Colorado, without regard to its
conflict of law principles. 18. DISPUTE RESOLUTION Binding Arbitration If
the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the American
Arbitration Association (AAA) website. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. If such costs are
determined by the arbitrator to be excessive, we will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and
any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Broomfield, Colorado. Except as otherwise
provided herein, the Parties may litigate in court to compel arbitration,
stay proceedings pending arbitration, or to confirm, modify, vacate, or
enter judgment on the award entered by the arbitrator. If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in
Broomfield, Colorado, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms. In no event shall any
Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court. Restrictions The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any
other persons. Exceptions to Arbitration The Parties agree that the
following Disputes are not subject to the above provisions concerning
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court. 19.
CORRECTIONS There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice. 20.
DISCLAIMER THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 21. LIMITATIONS OF
LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
$5,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 22.
INDEMNIFICATION You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) your
Contributions;Â (2) use of the Services; (3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it. 23. USER DATA We will maintain
certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss
or corruption of such data. 24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any
means other than electronic means. 25. CALIFORNIA USERS AND RESIDENTS If any
complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254. 26. MISCELLANEOUS These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to
the Services constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable
from these Legal Terms and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic form
of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms. 27. CONTACT US In order to resolve a complaint
regarding the Services or to receive further information regarding use of
the Services, please contact us at: Nanowrit Labs, Inc 931 E 1st Ave Apt 323
Broomfield, CO 80020 United States Phone: (+1)7205059335
[email protected]